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On The System Of The Authority Of Judge Interpretation

Posted on:2009-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:W S ChenFull Text:PDF
GTID:2166360278470935Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The authority of judge interpretation release as a right balance between the needs of many litigation value system of sophisticated devices,it was contemporary in many countries and regions as a civil party to protect the rights and the adoption of the Magna Carta. System in the next release of the right to maintain the impartiality of the judiciary, the efficiency of the proceedings, and so has been very positive.This article starts from the basic theory of the authority of judge interpretation.First of all,define the concept of authority of judge interpretation, along the right system for release next evolution of the context of its nature and value of further analysis. The authority of judge interpretation is not the right to release a variety of litigation mode is universal, and it is closely related to litigation mode. The action mode of analysis, we can see that the development of the authority of judge interpretation system is by people's understanding of justice arising from the changes, the development of justice in the proceedings for the authority of judge interpretation to produce and development.The second part focuses on the authority of judge interpretation system at the level of analysis. Through the analysis of the results of further defining the authority of judge interpretation of the exercise of the right of way, the scope of the exercise of the principles to be observed, the limits of the exercise, as well as the improper exercise of the means of relief.Part III is current situation as well as the reform direction of the authority of judge interpretation.Through objective analysis to our legislation and practice of the authority of judge interpretation, we believe that the aut hority of judge interpretation indeed exsistance in our country. From this part of our system of civil litigation, civil litigation, as well as the purpose of Chinese civil values,to prove necessity of our authority of judge interpretation system. It is a system engineering for the authority of judge interpretation to set up. we will form a system start from the Legislative model and the exercise of the subject,the way and the Stage.
Keywords/Search Tags:The authority of judge interpretation, Litigation command power, Civil action mode
PDF Full Text Request
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