The Judge's Interpretation Of The Right Of Civil Action In China

Interpretation right system is one of the basic system of the civil law in civil law countries, the existence of a rational basis for the debate on the amendment and limitations, correct and complete parties of the litigation mode unfair entities, litigation delay, efficiency lower defects. That is why, the judge interpretation right as a mode of action of the parties "amendment" has become the common choice for the civil law countries and Anglo-American law countries. As China's reform of judicial ways, the pattern of China's civil procedure is transforming the debate mode, but the ability of our citizens litigation generally is not high, the legal aid system as well as lawyers system is not perfect, making the reform, some "overkill "suspects, so it is very important to establishe the judge interpretation right in China.In this paper, the basic theory of the judges interpretation right was expapiate and compare with the abroad,and demonstrated the need of Construction of the judges interpretation right followed by China with the status of the current system, not only it is the inevitable requirement for conversion mode, the value orientation of China's civil requirements, but also the practical needs of judicial practice in line with the international trend. Finally, the article focused on the Construction of China's civil judge interpretation right to address a concrete idea: To determine the nature of the judge interpretation right should be the scope of judicial power and derived from the national jurisdiction of a lawsuit command ; expositions that judge interpretation right should follow the exercise of the right parties to explore the real meaning of the principle of statutory principles, open and neutral principles, as well as to respect the principle of disposition of the parties; analyze the scope of interpretation right from the stage and the contents of that interpretation right; Finally, the interpretate that improper relief mechanism, the parties should be given the right to know, the right to object, the right to reconsideration, the right to appeal and the right to request compensation to the release that the right to monitor and remedy prescribed by the improper release of the adverse consequences. Although many scholars have had a lot of research view that the judge interpretation right, the paper strive to inject new vitality into China's system of judge interpretation right,make it more standardized and feasible .