Judge 'system. On China's Civil Procedure Perfect,

Judge's interpretation system is one of the most important systems existed in civil procedure of continent law, which is to maintain the balance of litigation ability between parties. It is such a power that during the litigation,when party's proposition or opinion is unclear, insufficient, or inadequate, Judge can ask, remind, or illuminate him to clarify some facts, make necessary corrections, and this can combine the justice of procedure and the justice of essence. In adversary system, litigation is inefficient because lack of judge's lead and control, and the litigation costs are very high. But the establishment of judge's interpretation system in continental genealogy of law can remedy these defects. It can realize the judicial value of justice and efficiency. Authority system has been the litigation pattern for a long time in our country. Court plays an important role in civil litigation, and the judge has adequate command power of litigation, so it is reasonable for judge to ask each party, it is judge's power. At the same time, adversary system in our country is different from continental genealogy of law's. To make the case clear, judge can investigate the fact beyond the litigation request. So, in our country,"Judge's interpretation"has not been used in civil procedural law, however, theory realm and trials have not paid much attention to it.In our country, with the transition of civil litigation pattern and the progress of judicial fashion, scholars are giving more attention to the problems as subject role of parties rising, enforcement of proof responsibility, spread power of judge. As a power for judges exercise judicial authority to help parties and maintain the balance of litigation ability between parties. Judge's interpretation plays an important role in realizing the judicial value of justice and efficiency, and theory realm and trials are showing solicitude for it. How to establish real judge's interpretation to promote judicial justice is becoming a hot topic. Judge's interpretation is both right and obligation for judges. Judge's interpretation is a sub conception and the core of litigation command power. The essence of Judge's interpretation is that judge's power should be restricted by parties' right and judges should remain neutral. But from the point of settle disputes and maintain the rule of society, judges should not be a bystander, he should be obliged to interpret to parties from the principle of neutrality, public, transparent and fair. By exercising his interpretation, judge can realize the justice of procedure and essence, and also can rise judicial efficiency.By research on the Judge's interpretation system's status quo,basic theory and the evolution of this system in two genealogy of law, the author analyses elementary situation of judge's interpretation and it's shaping causes, and point out the necessary of establishing this system in our country. Beyond this, the author put forward his tentative plan and basic theory to establish and perfect the judge's interpretation system in our country.