Interpret The Right

The civil procedure is take solves the dispute as the goal activity, in this lawsuit process, the civil procedure system can be dividede into the party-oriented system and the authority system. Since long ago our country's planned economy system pattern had decided our country's civil procedure system always is the authority system. Under the authority system, our country's judge has the full lawsuit command jurisdiction, therefore many the theorists and practitioner thought our country does not need the system of aufkaungsrecht .With the civil judicial system reform, our country weakened the authority system content gradually, more uses lawsuit pattern of the party-oriented theory. As the important component in the continental legal system, the system of aufkaungsrecht is rooted in the party-oriented theory pattern frame. The adversary system's core role had decided important status of the system of aufkaungsrecht. The system of aufkaungsrecht and the adversary system has extremely close relationship. Based on the above consideration, the thesis decided to launch some research to the system of aufkaungsrecht.The thesis overall uses the history analysis method and the comparison analysis method. Through the history analysis method to let us understand the background which the system of aufkaungsrecht produced, thus we can grasps vein of its production, the development, the change. Through the comparison analysis method, both may promote our country legislative work development, the safeguard, to guide and to advance the market economy and the democratic politics, and may effectively develop the economical, cultural, the technical transnational exchange, richly consummates our country the legal science system. As a result of this, the thesis has launched the comparison analysis method research in the continental legal system countries and the...