Research On Judge's Interpreting Right In The Civil Procedure

The basis of social conditions have changed, which leads to the needs of society into multi-angle.The development of a variety of conditions and situation determines whether adversary system and the authority system are unable to repair the defects and imperfect. Under the adversary system, litigation is inefficient, the litigation costs are very high, the judges exerting interpretation accurately and timely, so that the parties can attack the other and defend themeselves in an equal environment. Judge's interpretation right is the indispensible and basic content in civil judicial practice, theoretical research and application of essential content. The judge's interpretation right can makes the parties have possibility to pursue benefits of entity and procedure, to protect the rights of the parties and to promote the civil proceedings in an orderly manner. The judges exerting interpretation which not only restricts and modifies the parties'unreasonable factors, but also improves and strengthens its reasonable factors, so judicial efficiency can be enhanced and the judicial authority can be maintained.However, the interpretation right of theoretical and practical research is still in a state of imperfect in our country, therefore, this article out to address the basic problem and its perfect system of judge's interpretation right in our country. The body can be divided into four parts.The first part has set forth the basic theory of judge's interpretation right in civil trial, including the concept and characteristics, the nature, the type, the prescribed value, the prescribed function of interpretation right, and the relationship between the interpretation right and the relevant theory. The second part has introduced a comparative study of judge's interpretation right of the Two Legal civil trial.The third part has commented on the current legislation in judge's interpretation right in our country, focused on an analysis of problem that existe in the judicial practice and pointed out the reason of problem.The fourth part to perfect the system of judge's interpretation right in china, including perfect basis and realistic sound necessary, perfect macro level and perfect micro level.