Study On Application Of Judge Interpretation Right And System Improvement

Now the western countries generally have established the litigant model lawsuit pattern, and as the corrector of the litigant model, the system of judge's interpretation right has become the important cornerstone on which the litigant model lawsuit pattern continues to exist and to develop. In recent years, as the implement of Regulations on Evidence of Civil Procedure, interpretation right system has attracted wide attention from academic world and practice world. However, because theory study is lacking and branching, practice experience is short, and legislation is inperfection, our interpretation right system also faces many puzzles and problems. Thereby, the thesis starts from conception and character of interpretation right system, applying comparative jurisprudence to analyse legislation of interpretation right system in other main countries and regions of the world, and asorbs experience and essence from it. From the double angle of theory and practice, the thesis analyses function and value of interpretation right system, reviews legislation,justice status and existing problems of interpretation right system, complies the idea of pragmatism and chooses some typical cases as well as some hot topics in practice for deep discussion to put forward suggestion of system buliding.Justness and efficiency are the soul and base of setting-up,existing and implementation of interpretation right. The thesis focus on complying the idea of pragmatism, basing on social reality, through asorbing experience and essence from other main countries and regions of the world, using justness and efficiency as standard, united justice effect and social effect as idea, to set up interpretation right system with Chinese features. Through some typical cases of interpretation dispute and argumentative hot topic, such as when the plaintiff brings an accusation beyond limitation of action, and the defendant does not raise temporary exceptio, whether the judge needs to interprate and if so, how. For these problems, the thesis discusses deeply and raise author's advice.The thesis is divided into five chapters besides preface and conclusion.Chapter One, General introduction of interpretation right. The thesis analyses concept, feature, character of interpretation right, also analyses the relationship among interpretation right and principle of disposition,Nemo debt esse judex in propria causa and diathesis to grasp basic theory of interpretation right.Chapter Two, Historic source and comparative analysis of foreign legislation. Using comparative analysis to analyse reasons,mechanism,legislation in other main countries and regions of the world and trend of development in future, so as to get deep understanding of interpretation right.Chapter Three, Necessity analyse of buliding interpretation right in China. From the point of trial practice, the thesis analyses function and value of interpretation right., and discusses special meaning of establishing interpretation right system.Chapter Four, Review of status of our interpretation right system. From the point of legislation and justice, the thesis reviews status of our interpretation right deeply to piont out problems and reasons of our interpretation right system.Chapter Five,Thought of improving our interpretation right system. The author arises advice on legislation of our interpretation right system and the judge how to apply interpretation right in trial practice scientifically.