On The Judge's Interpretation Right

Transplanting in judge's interpretation right is one part of civil adjudication modes reform in China. It underlines the corporate responsibility between judge and litigants in the civil action. Respecting litigants' right to debate and to dispose their interests, the judge is entitled to communicate and exchange on the information of facts and rules, so that disputes could be solved efficiently and social justice may realized by making agreement on truth-finding and rules-applied. Therefore, implement of judge's interpretation right could polish the deficiencies under adversarial system and pledge the procedure value of civil lawsuit. To examine the opinions mentioned above, the thesis discusses the interpretation right of judge systematically.The thesis is constituted with five chapters and the preamble and conclusion.The first chapter summarizes the concept of judge's interpretation right, namely its definition, characteristics and function. The interpretation right is defined creatively by analyzing it elementarily and the right's characteristics are also studied on a brand new view. Judge's interpretation right means that it is the mutual responsibility of judge and litigants, not obligation of either single party, to make the disputes solved.The second chapter compares interpretation stipulations in some other territories. In the civil law territories like Germany, Japan and Taiwan, the interpretation right is created to improve the inefficiency under debate principle. The interpretation stipulations could not be found in China, for the civil procedure system is transforming from offizialmaxime to adversary system.The third chapter introduces the fundamental principles of the judge's interpretation right. The principles, of which Debating doctrine and disposition doctrine are the premise; litigants' participating rights in procedure the foundation; the respect and restrain of judge's discretion power the assurance, are the external system.The fourth chapter introduces the application scopes of the judge's interpretation right, namely case limits, subject limits, item limits and time limits. The thesis studies the first three limits from both positive and negative view. Thus the internal system of the judge's interpretation right is investigated.The fifth chapter studies how to exercise judge's interpretation right during different procedure stage, which means pre-trial, in-trial and judicial mediation. The interpretation right is analyzed from the stands of judge and the litigants.The creative points of this thesis embodies three aspects, namely defining the judge's interpretation right by analyzing it elementarily, analyzing the application scope from positive and negative view and, proposing constructive interpretation ways when facing confusing problems.