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On China's Judge 's Right Perfection

Posted on:2007-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:S W HuFull Text:PDF
GTID:2206360212456045Subject:Law
Abstract/Summary:PDF Full Text Request
Interpretation right is a right of control in legal procedures by courts in the countries with civil legal system, which is applied to illuminate parties' claims and facts for their sufficient statements or to conduct their adduction of evidences. Interpretation right system imposes limitations on the application of the principles of debate and disposition to cover their defects and further is the security of parties' procedure rights. During the reform of modal of civil trial in China, the principle of debate has been fundamentally established, which provide the system foundation for the establishment of interpretation right in Chinese civil procedures. Moreover, the interpretation right is necessary considering the current situations of China, since interpretation right of judges has been initially described in the Some Provisions of the Supreme People's Court on Evidence in Civil Procedures, which can not cover the whole system and leads to the mess on interpretation of cases in practices. Therefore, standardization of interpretation right system shall been done in the following aspects: one is to enrich the contents of the system, including scopes, principles and disposition of interpretation; other is to establish the remedies for improper application of interpretation right.
Keywords/Search Tags:Principle of Debate, Principle of Disposition, Scope of Interpretation, Improper Interpretation
PDF Full Text Request
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