Research On The Explicative Right Of Judges

In order to make progress on judicial justice, China is facing the reform on Civil Procedure Law subject to the requirement of socialism market economy at present. Researching the west Civil Procedure system and theories, consulting their precious experience, especially the basic principles and value preference of west Civil Procedure System, are crucial elements which may provide benefits to the reform on Civil Procedure System of China. On the process of the reform on Chinese Civil Procedure System, Adversary Proceeding Mode establishing on the basis of Debate System has become the mainstream of the reform. Debate System really has its own limitation such as overemphasizing status and rights of the Parties, disobeying the efficiency principle and affecting verdicts due to the defferences between the Partis' skills and abilities. Explicative Fight, a system produced in order to remedy lamination of the Debate System, was born in Germany originally. This dissertation will introduce and discuss the concept of Explicative Right from the aspects of both comparative law and demonstration. Furthermore, the writer will comment current Chinese legislation and theory related with the Explicative Right and make legislative suggestion in order to entirely construct the system of Explicative Right.This dissertation discusses and researches the Explicative Right through five aspects. The first part discusses the origin of Explicative Right through Civil Procedure Mode by introducing the theory basis of Explicative Right. In the writer's opinion, Explicative Right, which created from Adversary Proceeding Mode, is the amendment to Debate System. The second part, based on the comparative law, introduces and compares different Explicative Rights of main countries in the world. The third Part introduces and analyzes current Chinese laws, regulations as well as practices relating to Explicative Right through the aspect of judicial practice. The fourth part, the core of this dissertation, discusses how to construct Chinese Explicative Right based on current judicial situation of China and foreign legislationes. The final part discusses some theories problems about Explicative Right, including the attibute of Explicative Right, whether Explicative Right involves limitaion of action, the relation between Explicative Right and Athority of Command in Litigation.