The Judges In A Civil Action To Clarify The Right

This paper discusses the elucidation right, which is a function of jurisdiction derived from civil action. The elucidation right is the right and responsibility of the judge. The judge should exercise the elucidation right to prevent delay and high cost in civil action, when the petition of the party is not sufficiency or appropriate. Through analyzing the mode of lawsuit between the different judicial systems, the paper researches the theoretical basis, procedural management and control function of the elucidation right. The paper also deals with how, who and where to use the elucidation right, moreover, according to the lawmaking status quo in China, the paper researches how to consummate the elucidation right system in China.