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

Judge Interpretation is a very important concept in the civil procedure theory of the civil law system. As the result of combination of judicial powers 1 and litigation rights, with a major value of justice and efficiency, judge's interpretation system has an extraordinary significance in the civil procedure. The reasonable exertion of judge's interpretation plays a driving role to both the reform of civil procedure and the exchange between system of civil laws and the system of common laws. However, the inappropriate interpretation will lead to new unjustness. The exertion of judge's interpretation should follow the principles of neutralism, publicity and clarity, which applies to various stages of litigation to achieve the goal of lawsuit. It is our supreme end to clarify the interpretation impartially in the practices.