Thinking Of Building My Judge Release The Right System

Now the western countries generally have established the litigant model lawsuit pattern, and as the corrector of the litigant model, the system of judge's interpretation right has become the important cornerstone on which the litigant model lawsuit pattern continues to exist and to develop. Along with the market economy system establishment and the development, our civil trial reform unceasingly moves towards thoroughly, and the lawsuit pattern gradually transforms from the inquisitorial model to the litigant model. But scholars in our country actually lack the full understanding of close relations of the system of judge's interpretation right and the litigant model lawsuit pattern. For fear that if only scholar emphasized judge's authority that it is said that the reform returned to the inquisitorial model lawsuit pattern. Therefore, the scholars generally only pauses the system of judge's interpretation right research in the introduction and description, has not conducted the thorough research. This situation directly caused in the legislation gaps and omissions, and confusion in the judicial that has hindered the establishment and the consummation of our country litigant model lawsuit pattern. According to this the author studies the relationship of the system of judge's interpretation right and the litigant model lawsuit pattern, tries hard to make some advice on the construction of our countries' the system of judge's interpretation right.This article is divided into four parts:The first chapter: In view of the wrong understanding of our country judicature service to the litigant model and the inquisitorial model, analyzing the characteristic of the litigant model and the inquisitorial model, it is pointed out the both English-American legal system and the civil legal system are the litigant model lawsuit pattern. The most important differences of the two legal systems is only that the way and the management intensity which judge involves, but this certainly does not affect the essential attribute of its litigant model lawsuit pattern, The difference affects by no means its substantive——debate model and the disposition model. Thus...