On The Status And Perfection Of Judge's Interpretation Right's System In China

Judge's interpretation right is one of the most important systems existed in the civil procedure of the Continental Legal System countries. The common opinion points out that, without judge's interpretation right, the civil procedure cannot work well and reach its planned aim. The institute of judge's interpretation right can effectively overcome the limitations of adversary system, such as litigation delay and the increasing of costs, as its necessary complement. Therefore, both countries of the two different legal systems make the same decision to intensify judge's interpretation right. Our country's regulations on judge's interpretation right cannot match the practical status of adopting the adversary system into our country's civil procedure. So considering our country's characteristic, I think it is extremely necessary to perfect the system of judge's interpretation right, not only to the civil trial reform in proceeding, but also to the whole civil procedure system in the process of transferring its orientation. This thesis is a study of judge's interpretation right and its perfection in china.This paper is made up of four main parts. The first part introduces some basic problems about the judge's interpretation right. Author might reveal various theories of interpretation right, including definitions and nature. At the second part author introduces the practical status of adopting the adversary system into our country's civil procedure. At the third part author introduces the current legislation and legal practice in China, and analyzes some problems in judicial practices jointing with current situation, and demonstrates the necessity of interpretation right's perfection in our country. The fourth part analyzes forward tentative plans to perfect the judge's interpretation of our country. On the basis of academic analysis, combining with legal practice, author ought to illuminate the common principle of interpretation right, the stage, the methods, the scope of the application of it, and supposes the remedy of improper performance of judge's interpretation right.