On Judge 's Right

The authority of judge interpretation is an important system in the civil procedure system.It plays an important role in offsetting the shortcoming of argumentum and disposition doctrine.If it is exerted correctly,adding up the parties' active co-operation,it may avoid the unreasonable factors coming from the Argumentum's being exerted automatically and formally.Now,it's the time for our civil trial model to reform,and constituting the system of Judge interpretation has a grand meaning.Foreign countries and Taiwan of our country study early on the hermeneutic right.But the relevant research of the mainland of country has just started,and has not really formed the system of hermeneutic right.The deepening of judicial reform,conversion of action pattern and modification of the civil procedure law have all offered the good opportunity to construct the system of hermeneutic right.So it seems particularly important to carry on further research on the hermeneutic right.On the base of our law walk's studies of Judge interpretation,the thesis overall firstly analyses and determines the nature of Judge interpretation,then discusses some questions about Judge interpretation and tries to sovles some concrete questions existing in trial practice secondly,useing the history analysis method and the comparison analysis method.The text is divided into four parts:The first part is about the description of Judge interpretation's basal questions.It introduces some conceptions relating with Judge interpretation,and brings forward its own opinion about Judge interpretation.It differentiates and analysediscriminates Judge interpretation with judge impartion.The second part focuses on Judge interpretation's character and functions.It differentiates and analysediscriminates several theories about Judge interpretation,then determines the nature of Judge interpretation and discusses why.Finally,it discusses the functions of Judge interpretation.The third part focuses on some academic questions about Judge interpretation.As the base of Judge interpretation,Argumentum and Disposition doctrine are firstly introduced,and then the relation.The fourth part puts emphases on the practice of Judge interpretation.It firstly discuses the legislation status quo of Judge interpretation.Secondly,it analyses the judicial questions of Judge interpretation nomologically.Thirdly,it analyses some difficult questions in practice and sovles them.Finally,it frames the Judge interpretation.