Argumentation About The Judge's Interpretation Right In The Civil Procedure

The system of judge's interpretation right is the important system of the civil procedure in civil law countries, and be considered to have a pivotal role in China's civil procedure. The debating doctrine and the disposition doctrine are the foundation of the system of judge's interpretation right. These drawbacks of the doctrine of litigant can be effectively compensated through judge's interpretation in our country. And the dissension can be settled fairly and efficiently. In order to "justice for the people", our country continues to strengthen the dominant position of the doctrine of litigant in the civil trial reform. Otherwise, the capacity to action of the litigant is different and the law enforcement agency system is not established in our country, and then the operation of the specific actions need to be guided by the judger, so as to ensure that substantive justice and procedural fairness. Therefore, the academic world and practice world have been widely concerned to how to regulate the performing of the judge's interpretation right. Through the chance of reforming of civil trial, this text explores relevant issues of judge's interpretation right from taking the theory and practices angle. And the purpose of this study is to standardize judge's interpretation right in civil procedure.The text is divided into five parts besides the introduction and the epilogue:The first part discusses the general theory of the judge's interpretation right. By introducing the connotation, classification and value of the judge's interpretation right, I can basically understand and position the judge's interpretation right.The second part is about the overview of extra-territorial legislation of the judge's interpretation right. By introducing the extra-territorial major countries and regions on legislative overview of the judge's interpretation right, the author comparatives and analyses their common, therefore the author concludes that strengthening the role of the judge's management and leading are the choices and development tendency of the two legal major countries and regions.The third part mainly aims at the relationship between the judge's interpretation right and some theories. By introducing the judge's interpretation right, the debating doctrine and the disposition doctrine, the text shows that the debating doctrine and the disposition doctrine are the basement of the judge's interpretation right, and the judge's interpretation right has positive effects on them. By introducing the relationship between the judge's interpretation right and the power of suit direction, the text further confirms that the judge's interpretation right is an important part in civil procedure.The fourth part mainly reviews current situation of the judge's interpretation right of our country. This text through introducing the current situation and the defect of the judge's interpretation right, and analyzing the causes of the defect indicates the necessity of building the judge's interpretation right in our country.The fifth part makes the rule of the judge's interpretation right perfect in our country. In the process of judicial reform of our country, the author through learning foreign advanced legislation and judicature experiences brings forward some legal suggestions on regulating the exertion of the judge's interpretation right. And the author hopes that these humble suggestions can provide effective reference standard for regulating the system of judge's interpretation right of our country.