To Discuss The Interpretation Power System Under Cooperative Pattern Of Litigation

The purpose of civil action is for the settlement of dissention and protecting the right of parties. Interpretation power roots in the civil action theory of Civil Law Legal System, and its original intention is to remedy the punishment right, balance the differences of adversary between parties. So interpretation power is considered to be the amendment in realizing the purpose of civil action. Interpretation power, which has the important status in civil action in Civil Law Legal System, is used for reference by countries belonged to Common Law Legal System for its function of strengthening the judge's power and compensating the insufficient of the doctrine of adversary system. Since the purpose for settling a system is always pluralistic, however, the settlement of dissention and protecting the right of parties is pursued by all countries including China both in Civil Law Legal System and Common Law Legal System .Therefore, the author studies different provisions about interpretation power system from countries both in Civil Law Legal System and Common Law Legal System, summarizes the jurisprudence basic of the system, combines the reformation of civil action in China ,compares the operation of interpretation power system in different patterns of litigation and brings the construction of interpretation power system under cooperative pattern of litigation forward.This thesis is divided into four chapters except the introduction and the conclusion.Chapter One: the summarize of the judge's interpretation power. In the chapter, the concept, nature, evolution and general legislative situation of interpretation power were introduced. Through introducing some basic issues of interpretation power, the author compares and analyzes its development and general legislative situation in two kinds of legal system. So that the legal ground of its derivation and creation can be found in the following text.Chapter Two: the jurisprudence study on the judge's interpretation power system. In the chapter, the author analyzes the theoretical base and its value in civil action, which lays foundation for interpretation power and the choice of pattern of civil litigation. Chapter Three: the comparison and research for the choice of pattern of civil litigation and interpretation power system. Civil action relates with interpretation power closely. The author reviews representative patterns of civil litigation: authority pattern of litigation and the litigant pattern of litigation, to analysis their advantage and disadvantage. He figures out that, from the angle of operation, cooperative pattern of litigation and interpretation power are naturally cooperative with each other. Moreover, cooperative pattern of litigation can be the direction of civil action reformation, and can be the guarantee for establishing interpretation power in our countryChapter Four: the construction of China's interpretation power system.In the chapter, the author introduces problems of interpretation power on legislation and practical aspect in our country firstly. Then, he raises concrete imagination of establishing interpretation power in our country, including the legislative mode, practice method, legal effect, and remedy system of interpretation power.