Right To Explain

Civil proceeding is an action to solve disputes. During the proceeding, the distribution to the right of control over operation, closing of procedure, determination on trial objects, completion of procedural information reflects the correlation between the court and the parties in the procedure, and makes up different model of proceedings. Our traditional model of proceeding is regarded as the super-ex officio doctrine. Since the eighties 20th century, under the circumstance of transformation of the system and revolution of the society, a judicial reform with revolutional significance of procedural system has begun, that is, the ex officio inquiry model has changed into the litigant adversary model with party contest . But in the course of transformation, the merits in the two main law families must be merged into each other, the malpractice must be got rid of separately. The system of interpretation in civil proceeding in the continental law family is just the 'amender' of the litigant adversary model.As a wording used by legislation and theories in civil proceeding, the interpretation right means the power that the court remedies the insufficience and defects of a party's ability in presenting and cross-examining evidence in order to clear the conflicts and judge justly, makes clear or sure some facts raised by the party by raising douts, guiding , etc, to lead and help the party to make debatements over case facts and main evidence effective and active. As an active content in the development of civil proceeding in Continental Law family, it is a procedural command right of the court to guide the party's action in order to understand the cause of action and case facts in fact. It belongs to the responsibility the judges should take . It has the procedural worth of considering both procedural justice and substantial justice, being helpful to judicial efficiency, transparent and public trial.The system of the interpretation right is first established in Certain Rules On The Evidence Of Civil Proceedings Of The Supreme People's Court. But because it is not made clear in legislation and established uncompletely, it is not in line with the reformal purpose of civil trial in our country, it is very necessary to establish the system of interpretation right. By introducing the meaning, character, historial development and legislative examples of different countries, this article discusses the basic theories of this system, analyses the legislative status of this system, proves the necessity of constructing and perfecting the system of our country, points out the legislative plot of perfects the system. For instance, the character of the interpretation right is that it is the responsibility of judges. The principles of the interpretation are as the rule of seeking the party's true ideas, balancing confrontation, keeping neutral , being equal and public, necessary relief (limited reminding). The way in which the interpretation operates : inquire and remind. The limit in which the interpretation right operates: the first is that the judges must fully repect the right that the party deals with the private litigation freely and shouldn't interfere it unlimitedly, the second is that the judges should make up the party's procedural capacity to a proper degree.That is, theinterpretation right couldn't be made into an ultra vires interference in the party's private right in procedure by the judges and shoudn't make the party raise reasonable douts to the judges. The range in which the interpretation right operates: the interpretation to unclear cause of action, the interpretation to uncomplete cause of action, the interpretation to uncomplete evidential information, the interpretation to legal points neglected by the party, etc. The article puts forward some demands on how to use the interpretation in civil proceeding. It is necessary that the judges should have fine quality, stick to the professional moral, master the trial business, obey the professional discipline, have full social experience, high social responsibility and ins...