On China's Stated That The Construction Of The Right System

The object of study of this article is judge's interpretation right. Judge'sinterpretation right which bases on adversary doctrine and principle of disposition isone of the very important rules in most of the civil law countries and districts, in orderto make up the defects and insufficiency under adversary system, such as delay,unfairness, essential inequality of the parties' station in civil action, and so on.Authority system has been the litigation pattern for a long time in our country,courts/judges have very strong authorities in litigation process, so judge'sinterpretation right has not been attached much more importance. Many judges andlawyers don not understand judge's interpretation right, and have a confused viewabout the rule. In view of the above, the author writes this paper, planning to make asystemic discussion about the rule of judge's interpretation right.There are three parts in this article: the introduction, the body, the conclusion.Introduction: The author gives a simple introduction about the development ofthe judge's interpretation right and the present research in our country at the first, thenillustrate the purpose and study methods of this article.The body includes six sections:Section 1 gives a general introduction of the theoretical issues about judge'sinterpretation right, such as the fundamental conception, categories, performing way,character , scope, and so on. This section provides a theoretical background for thefollowing discussions. Section 2 analyses the value of judge's interpretation right,especially the following aspects: to ensure accomplishing the object of the civilprocedure;to avoid the surprise attack of the judgments;to safeguard both partieshaving equal right in the litigation process;to make the benefit of the civil actioncome true and make sure the stability of the civil procedure, etc. This section providesthe theoretical basis for the existing of judge's interpretation right which has beenpaid more and more attentions to. Section 3 gives a systemic introduction foradversary doctrine and principle of disposition, which are the institutional bases ofjudge's interpretation right. This section is beneficial to form a right view to judge'sinterpretation right. Section 4 carries on a comparative study about judge'sinterpretation right, in order to find out the historical headstream and differentdevelopment tracks in different countries of this rule. Section 5 introduces the relativeregulations about judge's interpretation right in our legislations in effect, and then,makes a detail comment on the defects and insufficiency about the regulations.Section 6 is the focal point of the whole article. This section mainly works out theconstruction of judge's interpretation right in our country, which is first to deal withseveral theoretical issues, such as the character, the principle, the necessity and thelegislation pattern;and then, making concrete designs, including scope, performingway, performing time and legal consequences. At the end of this part, the authordiscusses the qualities of the judges', which may be required by the rule of judge'sinterpretation right.The conclusion emphasizes that adversary doctrine and principle of dispositionare the institutional bases of the judge's interpretation right, and establishing judge'sinterpretation right in our country is an inevitable trend, meanwhile, the establishmentis closely related with the qualities of judges. Therefore, there is a long way to go forus to establish and perfect the judge's interpretation right.