On Judge 's Right

The judge's right of interpretation is an important concept in civil law countries,It's not only a limit and supplement to debating doctrine and disposition doctrine but also an inevitability due to the adjustment to the role of judges and litigants in proceedings.The value lying is justice and efficiency .With China's market economic development and former reforming of civil adjudication modes,the authoritarian pattern has been changed to litigantarian .The litigants'position has been strengthened,the court's power has been weaken ,but our country does not use lawyer to force the agency system, litigant's knowledge on laws and the lawsuit ability is uneven, still needs lead by judge in the concrete lawsuit ,and can pledge the justice of the procedure and substance of program ,It is necessary to introduce the judge's right of interpretation system into our nationl's civil lawsuit. but indisposedly works would lead to the new injustice,The judge's right of interpretation should follow neutral and the open and transparent principle ,and is suitable in each stage of lawsuit ,and explains the remedial measure that unsuitably time there is necessity,and established corresponding other guarantees above the measure,ability achieving the purpose of lawsuit. How to grasp impartially in the practice correct explains bright this equilibrium point , for the research of this thesis.This thesis haves five chapters besides foreword and concluding remarks .First chapter is explained the summary of the judge's right of interpretation, and has introduced to explain the meaning of right of interpretation and the development and the merit ability and the foundation .It is thought that the judge's right of interpretation is the result that judge and litigants'effect was adjusted in the civil action ,and belongs to the category of judge's command power ;It's sought value for fair and efficiency , prevents to party creating the surprise attack;Debating doctrine and disposition doctrine is the necessary foundation that right of interpretation exists.Second chapter is The judge's right of interpretation and civil action model for judge,and who has introduced the different models the circumstances of The judge's right of interpretation,and the civil lawsystem model has clearly and definitely to stipulate,and the value is laid special emphasis on fai; and the system of common law has similar judge,that the value is laid special emphasis on in the efficiency .