On The Right Of The Judge To Clarify

Judge's interpretation power is one of the concepts in the civil pleas of the continental law system. As lots of countries' civil pleas innovation going deeper and deeper, together with the continuous fusion of civil plea mode of two law systems, various countries coincidently agree to intensify judge's interpretation power. It's theoretically and practically meaningful to do research on the issue we facing that what we can do to readjust and scheme the rights and responsibility between judges and parties, when the crucial period of the innovation of civil trial mode arrives.This thesis consists of foreword, text and conclusion.Foreword: It briefly introduces the important status of interpretation power system in the civil plea theory of the continental law system. With the fusion of two law systems, interpretation power system has been paid more and more attention in the common law countries. In the foreword, I write up the significance of interpretation power to our present judicial system innovation and define my composition purpose and idea.The text is composed of four chapters.Chapter one is the summary of the interpretation power system, which introduces the concept, nature and assortment. Various definitions on the system from different scholars help us to draw the basic content and nature of interpretation power. The civil plea mode funcitoned by the power is stated and the value of the power is commented for the further dissertation.Chapter two focuses on the similarity and difference of the interpretation power system between the two law systems by probing into the interpretation power system's shaping and developing in the cradleland of the system—continental law countries and regions represented by German, France, Japan and Taiwan Province of our country and also probing into the change of the judge's orientation in the common law countries like Britain and United States.In chapter three, we ponder over the legal nexus in the traditional civil plea by introducing the function of the interpretation power system in law and judicial practice, and thus disclose the necessity of the interpretation power system in our country.In chapter four, I put forward detailed idea about building and perfecting interpretation power system in our state, which includes the basic principle of building the system, and related stipulation about measures and systems requiring to be set up and fulfilled in the exertion stage, exertion range and exertion method of the interpretation power system. I also conceive to perfect the legal effect and relief measures when the power is improperly exerted so that the system can be improved.