Judge Of Civil Procedure In Application Of The Interpretation Right

"Aufklarungsrecht"(disabuse or judge's explanation) stems from civil procedure in civil law countries or areas. This system plays quite an important role in civil law countries like Germany and Japan. It's existence and development reflects the current trend of strengthening judge's power., but this doesn't mean the fundamental change in litigation. The judge's explanation should be made appropriately within the scope of the parties'debate and diposal. It differs from the investigation and order by power in judge-orientation system. China has adopted judge's explanation system to avoid the repetition of the absolute parties-orientation theory which emphasizes judge's passive neutralism. Judge's explanation system in China is still at the primary stage. We.have therefore made little rules in written laws or other judicial interpretations. Such questions as the nature of Judge's explanation, what influences the system, on what condition to use it, how to perform it, how to keep the extent to which a judge uses it, the assessment of the extent are always putting judges in puzzle. There are badly lots of problems we have to confront with. It's necessary to make a further study about it. The essay is divided into five parts:the origin of the system and it's practical problem; the influence of law system, the situation of a country and traditional law culture; the classification of the system and how to use it; the general principles and the analyses of particular principles in China; the improper explanation, it's supervision and protection mechanism.