The Study Of The Elucidatory Authority

The concept of judge's elucidatory authority is a basic rule in the country's civil accusation of continental legal system,as the result of the development of the Argument-oriented Rule and Disposition-oriented Rule, such authority helps to adjust the power of the judge and the right of the litigant,to improve the communication of the judges and the litigants and to balance the lawsuit ability of the litigants,so on and so forth.The current thesis does research from the relationship of the judges and the litigants.On basis of the introduction of the fundamental issues of the judges' elucidatory authority,through the example from the other countries,the thesis gives comments on the system of our country from the view of legal practices and legislation,and then some advices are given thereafter.The body of the current thesis is divided into four parts:Part One relates basic theories concerning judge's elucidatory authority,including its implications and character,its relationship with arguement-orientedness,and its function;Part Two introduces the relative concept around the judge's elucidatory authority.Part Three introduces rules and regulations about judge' elucidatory authority in different countries and comparison is made of such differences and development of respective countries,in the hope for our country to draw lessons on.Part Four introduces and analyzes the present legislation situation of judge's elucidatory authority,emphasizing some existing drawbacks and necessity of constructing judge's elucidatory authority in our country;puts forward some suggestions on the content of judge's elucidatory authority to be constructed in our country.