The Study Of The Judge's Interpretation Power System

The relationship between the litigants and the court is the central issue of civil procedure system. Centered on this relationship, this thesis studies the judge's interpretation power from the angle of the cooperative pattern of litigation. On the premise of summarizing the fundamental problems of the judge's interpretation power, the author criticizes the current situation of the judge's interpretation power in China on the basis of investigating and learning from the judge's interpretation power in the Anglo-American law system and the continental law system, pointed out its insufficiencies. Moreover, the author makes a theory construction of the judge's interpretation power from the angle of the cooperative pattern of litigation.This thesis is divided into three chapters except the introduction.The introduction briefly introduces the judge's interpretation power system, analyses its important effect and high value, points out that the judge's interpretation power should be studied from the angle of litigation pattern about how it harmonizes and balances the relationship between the litigants and the judge in the suit; the Chinese judge's interpretation power system should be constructed on the premise of establishing the cooperative pattern of litigation, correctly handling the power deviation between the party and the judge in the suit.Chapter One: the brief instruction of the judge's interpretation power. It explains the concept, types, function and theoretical basis of the judge's interpretation power. The author believes that the interpretation power is part of the judge's judicial power, including"power of asking questions"and"power of explaining". And the author classifies the judge's interpretation power into different types according to different standards. The judge's interpretation power is based on the cooperative pattern of litigation, doctrine of adversary system and punishment right. Its existence is good for compensating the insufficient of the doctrine of adversary system, preventing the court's sudden judgment, realizing civil suit's pursuit of realness, carrying out public trial system, etc.Chapter Two: the comparative study on the judge's interpretation power system. This chapter introduces and investigates the foreign interpretation power systems, mainly analyses the interpretation power systems in the Anglo-American law system and the continental law system, points out their resemblances or differences which may provide some inspiration to Chinese interpretation power system.Chapter Three: the construction of China's interpretation power system. It is the essential and central part of this thesis. Firstly, it elaborates the necessity of the construction of the interpretation power system in our country. Next, it analyzes the stipulations concerned with the interpretation power system in our existing laws, points out their insufficiencies in the aspects of system basis, legislative mode, nature, main body and scope. In the end, the author puts forward her suggestment: the judge's interpretation power system should be constructed on the premise of establishing the binding adversary system and cooperative pattern of litigation. The author also gives concrete proposals including the basis, legislative mode, nature, main body, scope and so on.