Research On System Of Judge's Right To Make Statement

System of judge' s right to make statement results from limiting the drawbacks of adversary doctrine in order to reach the aim of civil proceedings. The system can be effective in reducing the imbalance in defending and accusing, realizing effective equality between parties, protecting parties' legal rights, and resolving the disputes appropriately. On December 31^st, 2001, the Supreme Court of the PRC promulgated "Provision on Evidence in Civil Actions", which, by judicial interpretation, though inadequately, for the first time, introduced the definition of the right to make statement, and initiated founding of the system of judge's right to make statement in China.Having analyzed the concept and categorization of the right to make statement, and its relationship with adversary doctrine, the paper holds that some deficiencies exist in the running system: whether to make statement is quite arbitrary for judges, making statement within a reasonable scope is beyond control, divergence exists in the understanding and carrying out of the denuntiatio before alteration in claiming, and the process of remedying faults in making statement has no specification. Having had contrastive survey of legislation and case law of main nations and regions over the world, the paper discusses the theoretical premises of the system of judge's right to make statement: suitable opportunity to set up contemporary principles of free intension, meeting the requirements of the principle of the parties as the subject in the civil procedure, avoiding surprising judgment, conforming with the principles of procedural effectiveness, judicial democracy and publicity. Thus, the paper brings out constructive opinions: define the nature and specify the content of the right to make statement and the domain of its application, supervise the extent to which judges make statements, define the cases in which judges have to make statement, improve approaches and procedures of the exercise of the right to makestatement, and set up remedying process. Finally, the paper probes into some difficult issues about the right to make statement, and their practical difficulties in execution, with a view to playing a positive role in improving China's system of judicial action.