A Interpretation System Theory

The object of study of this article is Judge's Interpretation System. Judge's Interpretation System is one of the important rules in most of civil law countries and districts, in order to make up the defects under adversary system, such as delay, intricacy, and so on. It was established in Germany Civil Procedure Code in 1877 firstly, and has been founded in most of civil law countries and districts.As one of the main objects of China's reform of civil adjudication, the principles of argument and disposition has been established gradually in China's civil litigation system. So, as the remedy of the principles of disposition and argument, Judge's Interpretation System will be necessary to China's civil litigation system. But the related researches are not enough, and there are many different opinions about the main theoretical problems of judge's interpretation system in China. So, the author plans to make a systemic discussion about Judge's Interpretation System through this paper.There are three parts in this article: the introduction, the body, and the conclusion.Introduction: the author gives a simple introduction about the origin and the development of Judge's Interpretation System, and the present research in China. Then the author illustrates the purpose and study methods of this article.The body includes four chapters. Study on The Basis of Judge's Interpretation System is mainly about the fundamental concept, the history, the property, the categories of the Judge's Interpretation System, and the relationship between the Judge's Interpretation System and civil action model. This chapter provides a theoretical background for the following discussions. Study on The Value of Judge's Interpretation System analyses the value of Judge's Interpretation System which ensure the justice, the benefit and the stabilization of the civil action. Study on The Operation of Judge's Interpretation System gives a systemic discussion about the scope, the performing principles, the performing ways, the legal consequences of Judge's Interpretation System. As the last chapter of this article, The Construction of Judge's Interpretation System in China gives some opinions about concrete designs of China's Judge's Interpretation System.The conclusion emphasizes that the construction of Judge's Interpretation System in China must base on China social facts, and there is a long way to go.