On Judge 's Right

Judge's interpretation authority is one of the most important terms in the legislation and theories of the civil procedure of the west, its existence makes up for the defects caused by the adversary system in terms of the unfairness and delay in the civil litigation process, sets necessary limitations and useful modifications to the adversary principle, moreover, it also does a lot to guarantee the litigation rights of both sides in the civil action and to improve the efficiency of the civil litigation, that's why it is respected as the constitution protecting the litigation rights of the both parts of the litigation. As the gradually improving process of the reformation of our civil trial mode, the term that the Judge's interpretation authority begins to attach more and more attention in the judicial practice, however, without the indirection of the perfect theory, the exercise of the judge's interpretation authority hasn't got to its best, sometimes disorder situation may arise because of the ignorance of the term. In this paper, the author firstly introduces legislation practice of the judge's interpretation authority in some west countries, illustrating that there is a basic trend in strengthening the duty of the interpretation authority of the judges in the civil judicial mode in both Continental legal system countries and Common law system countries in recent years; the second part gives a detail description of the definition of judge's interpretation authority, and introduces the characteristics and the categories of the term, the part also discusses the difference between the term and other relative terms, aiming at set up a perfect acknowledge of the judge's interpretation authority; in the third part of the paper the author analyze the value of the existence of the judge's interpretation authority, pointing out that the judge's interpretation authority system contributes not only to the realization of justification of entity and procedure, but also to the promotion of the civil efficiency by decreasing the litigation cost, it is very foundation of the judge's interpretation authority system; in the forth part the author present the necessity to construct the judge's interpretation authority system in our country by talking about the varying reality of the civil litigation mode and values in China, as well as other problems such as incapability of the civil in the litigation and the imperfectness of the lawyer system and the judicial aid system. The author brings forward some advices how to set up the judge's interpretation authority (including the interpreting content, the principles and the aid to the wrong interpretation and etc.) and the binding adversary principle in the civil procedural law, and how to improve the judge's quality, which is useful to the legal practice.