Right To Explain The Judges In A Civil Action

The authority of judge interpretation is one of characteristic system in the civil procedure system. This system is emanated from Germany of the civil law system , and followed by France, Japan, Taiwan region even America and other country or region. So this system has important and affirmative significance in judicial justice maintenance and lawsuit efficiency enhancement.This article is divided into five parts. It begins from introducing the basic content of the authority of judge interpretation, via comparing with other contacted system, analyzing and studying the rationality and necessity of this system, and gives the author's own opinion and suggestion on establishing and improving this system in our country.The first part discusses the basic content of the authority of judge interpretation. Though introducing the conception, quality and class of the authority of judge interpretation, makes clear holding of the basic connotation of the authority of judge interpretation.The second part is about the legislation introducing and comparing of the authority of judge interpretation. The article starts on the origin of the this system, and studies the legislation situation of the authority of judge interpretation in many countries and regions by analyzing and comparing, so to make clear of the character of this system and it unique status and importance in civil procedure law of civil law system.The third part mainly aim at the relationship between interrelated system and the authority of judge interpretation, the interrelated system including civil procedure pattern, debate system, disposition, and the power of suit direction. On the one hand,it makes the tightness relationship between the authority of judge interpretation and adversary system and debate system, and it emphasizes the authority of judge interpretation can only come into being and exist in the adversary system, besides has tightness relationship with peculiar outcome of adversary system—debate system. On the other hand, this article is to make certain the authority of judge interpretation and the interrelated system, especially the difference and relation with the power of suit direction, not only to make a clear distinction between the authority of judge interpretation and the interrelated system, but also to make a clear scope on building the authority of judge interpretation system in the following paragraph.The fourth part aims at the problem about the feasibility of the authority of judge interpretation. The article through introduce the theory basis about the birth and exist of the authority of judge interpretation, at the same time analyzing the importance of this system, affirming the necessity and feasibility of building the authority of judge interpretation in our country.Through the former three parts' analysis and reasoning, the fifth part of this article brings forward the author's own assuming and considering on building and improving the authority of judge interpretation in civil procedure law of our country. The author is mainly from three levels to analyze and improve this assuming. The first level is to build the principle that the authority of judge interpretation system should to be abided. The second level is the concrete legislation assuming on building this system. The third level is the supplement and protection of the second level, it aims at improving the authority of judge interpretation system, improving this system deepening and developed constantly.