On The Right To Explain Of Judges In Civil Proceedings

Judge's interpreting right plays a very important role in the civil procedure in Chinese legal system,it can greatly help the civil procedure to work well and help to safeguard the litigant's right。With the enforcement of the"Evidence Regulation",we have now already had practice in the judge's interpreting right in our country,the theoretical research on interpreting right is becoming one of the most popular theoretical problems。The author here tries to interpret the institution of judge's interpreting right。In the paper,the author describes the basic theories of civil procedure model and judge's interpreting right,and it point out illustrates that the interpreting right is not only the right of the judge but also the duty of the judge,discusses the relations between interpreting right and the civil procedure model,the interpreting right is a limitation and at the same time a supplement to the debate principle,with the implementing of the interpretation right, the litigant can get more information in the civil procedure to safeguard the litigant's substantive justice and effectively prevent the judge from his sudden judgment。At the same time the author illustrates that how the judge's interpreting right is used in the civil procedure in China and English-American legal systems,and points out the differences between the two systems。With the analysis of the present legislation situation of interpreting right in civil law,the litigant's real conditions,the usual practice in judgment of court ,the people's and judge's misunderstanding to interpreting right and judge's problems in using interpreting right in China , the author demonstrates the necessity of judge's interpreting right's instant perfecting in our country。On the basis of academic analysis,combining with legal practice in our country,the author suggests that a common stipulation of the interpreting right legislation,the principal of using interpreting right,the scope of its application, the main contents, the reasonable limitation for judge to use interpreting right, the remedy of wrong interpreting right should be established to stop judges doing their own ways without a law to obey, and finally complete the legislation construction of interpreting right in our country。...