Researches On The Clarification Behavior Of Judges

The system of judge's clarification (Aufklarungsrecht) is regarded as the "Magna Carta" in the continental legal system. This system was adapted by the "Some Regulations on Civil Evidence" issued by the Chinese Supreme Court. There has been some researches on the definition ,character ,content and the way of application of the judge's clarification in China. However , the researches are not systematical and complete so far. And the researches are not closely related to the practice because many of them are just on the introduction of the system without deep exploring the practice in China. Since the regulation is too general Judges can not act according to the clear and unified rule, which leads to some disorder in trial practice. So it is necessary to make a deeper research on the theme. This essay will discuss the following aspects of the topic: part â…  will discuss the definition and character of judge's clarification behavior. Part â…¡ will focus on the development of the system. Part â…¢ will explore the content and significance of the system. Part â…£ will systematically research the application of the system with the emphasis on it's relation to the principle of argumentation ,principle of disposure and the discretion of judges, on the principles that the judge must stick to ,on the way of judge's behavior ,and the establishment of our independent judge's clarification procedure. Part â…¤ is about the problems of this system under some circumstances and the ways to solve them. The main contents in this part are as following: the conflict between the judge's clarification and the term limitation of evidence producing, the clarification when the absence of defendant, problems in the process to seek "the coherence of legal effect and social effect" of judge's clarification.