The Construction Of A Harmonious Society And Interpretation Right System

Seeing development history of rule of law in various countries, the evolution of interpretation right system ranges from light to severe whether in civil law countries or in common law countries, thus it now has become a basic litigation system of countries and played much importance in judicial practice. It not only provides remedies for the problems as cunctative lawsuit caused by adversarial system, revise of doctrine of debate, and also guaranteeing client's litigious right as to protect the social fairness and justice. In time of Chinese social transition, as the change of lawsuit ideas and the complicated situations of law application, interpretation right system has gained more and more attentions of scholars. However, some chaotic situations have emerged in its practice, caused by lack of guidance of theories mature enough. Things are different in china compared with other countries. In China, talking about interpretation right system can not live without the big background of building up a harmonious society and advocacy of legislation serving for people. Therefore, the purpose of this thesis is to explore the construction of interpretation right system in China on the basis of our own civil procedural pattern and the judicial power of court and litigious right of clients.The thesis includes fourth parts:The first part introduces basic theories of interpretation right system. including definition, properties and characteristics. The author explains the definition from the requirement of harmonious society with the method of enumerating, demanding the mutual cooperation of judge and client. For properties, the author states that Obligation is appropriate for the harmonious background, based on several theories and started with the ideal of justice for the people. Furthermore, the author simply describes the necessity of interpretation system. In the second part, the current development of interpretation right system is expounded home and abroad. viewing from civil law countries abroad to common law countries. The author also gives general introduction about the legislation, jurisdiction, and relative theories of interpretation system with specific examples. Besides the problems occurred in Chinese situations are be analyzed.The third part explains the influence towards interpretation right system by the introduction of ideal of harmonious society. General theories of harmonious society are introduced at the first hand. Then the requirements to way of trial given by harmonious society ideal are explained. Finally the author analyzes these requirements, and finds out that interpretation right system is based on justice and harmonious ideal, whose introduction can make us think and act more harmonious, as further to protect social fairness and justice and balance the conflict brought by various values.The fourth part firstly elaborates the construction means of interpretation right system with discussions of the restructure of its essentiality, principles, scope, implementation, remedy and guarantee measures and so on. Combing the results of former content based on our reality and the balance of judge and client, taking the opportunity of ideal of harmonious society, the aim is none but rebuild a harmonious interpretation right system.