On The Applicable Scope Of The Exposition Power

The topic relates closely with the Judges'substantive lawsuit command jurisdiction, and has agreed with the historical characteristics which the judicial reform path chooses. The introduction part first obtained from civil action's legal principle theory of law to elaborate the procedure safeguard, the procedure justice and so on with the civil action goal related series superior theory, has analyzed system's relations between these theories and the exposition power of judge, and further clear out the applicable scope of the exposition power is the most important theory, it directly relates with the judicial reform whether success or not. The article followed closely discusses the relations between the exposition power of judge and free judgment power, more standard the applicable scope of the exposition power is, more helpful for the reform of judicial system and the reform of civil procedure law. The second chapter observes the applicable scope of the exposition power in UK-US legal system and European land legal system, especially observes the situation in Japan which is the model of modern legal country. The 199th article of the civil procedure law at Taiwan area in our country, is outstanding legislation which is worth referring. Take above all as the foundation, Chapter three selects and analysis three concrete system which connect with the applicable scope of the exposition power. However, the applicable scope of the exposition power's standardization depending on consummates some concrete system is the Utopia-like fantasy, so the fourth chapter not only pays attention to the clarification, also gives the corresponding attention to the concrete system. The case instruction system's consummation is indispensable to regarding the construction of the applicable scope of the exposition power.The applicable scope of the exposition power plays an indispensable role in the realization of substantive and procedural justice. The perfection of the regulations on the it is an important part for the modification of civil procedural law.