On The Regulation Of Judge 's Interpretation Right

Judge’s interpretation right was originally prescribed in the German Civil Procedure Law in 1877, and then gradually became an important system in civil law countries and regions.The purpose of the establishment of the system is to make up for the disadvantages of the mode of the absolute adversary system, so as to ensure that both parties participate in the litigation under the condition of substantial equality.The countries of common law system in the process of judicial reform has also introduced the relevant provisions of the judge’s interpretation right.In China, with the reform of civil litigation, the drawbacks of the litigation mode is also gradually appear, in judicial practice,the improper interpretation of phenomena emerge in an endless stream.In view of this, regulation of the judge’s interpretation right has important significance.This paper mainly includes the following four parts:The first Chapter, the general theory of the regulation of the judge’s interpretation right.In this chapter, the theoretical basis of the judge’s interpretation power is discussed, and the legal attribute of the judge’s interpretation right is determined.Then, it focuses on the theoretical basis of the interpretation of the judge’s interpretation right and the necessity of regulating the judge’s interpretation right.The second chapter, the current situation of the judge’s interpretation right in our country and its regulation dilemma.Firstly, through the analysis of the real cases in judicial practice, the current situation of the judicial interpretation right in our country is investigated.Secondly, we summarize the problems existing in the process of regulating the judge’s interpretation right in our countryithe exercise principle of the judge’s interpretation right still needs to be clear;existing regulations still need to be improved;the lack of relief mechanism for improper interpretation.The third chapter, the regulation of judge’s interpretation right under the vision of comparative law.The judge in legislation and practice, many countries have accumulated a lot of valuable experience, this chapter introduces the civil law system and the common law system, on behalf of the national release of interpretation right system success model and analysis, expect to have reference.The fourth chapter, the specific conception of judge’s interpretation right regulation.This chapter puts forward the specific conception of the effective regulation of the judge’s interpretation right from several aspects, such as the exercise principle of the judge’s interpretation right, the unified exercise mode, the scope of the norms, the establishment of relief mechanism and so on.