Research On Judge's Interpretation System

The judge interpretation right system is a very important civil system, the system, which originated in Germany, after Japan, France and other civil law countries have adopted in recent years in some common law countries have begun to appear. Interpretation justice and rights system for its security features to improve litigation efficiency and the rule of law in different legal systems to operate successfully in developed countries has proved its importance to the modern civil. Unfortunately, the current Civil Procedure Law of China scholars on the interpretation right of the foreign just stop at the theory and system description stage, and can be combined with actual conditions in China made operable, a strong system of innovation measures to be further deepened. This requires the establishment of a sound, scientific system to ensure that interpretation right system to play its due role. In view of this, I tried this article, the unexpected can provide good words, only want to participate actively in efforts to improve our interpretation right to reform the system.The first part of this article with several main academic theories on the interpretation right, the concept, nature, the theoretical basis and the value are outlined.The second part of the system and the debate on the interpretation right doctrine, disposition doctrine, res judicata theory of the relationship between the interpretation right is the doctrine of the high quality of debate on the disposition full of doctrine, and enough of a legitimate basis for res judicata. At the same time, denied the doctrine will debate the theoretical basis for interpretation right of arbitrary conclusionsThe third section describes the interpretation right of the system on the legislative, judicial status and analyzed. Interpretation right now in our system there is no clear provision in the Code of Civil Procedure, only slightly reflected in the number of judicial interpretation, and therefore the judicial chaos.The fourth part based on the above aspects of the analysis, a sound system of interpretation right idea. This section expands upon the exercise of the interpretation right of the main body of the scope of interpretation right, interpretation is not at the time of relief, and clearly put forward a sound system of interpretation right of the adverse factors, mainly in the following four aspects:the quality of judges is not high, the court management system is not well adapted existing interpretation right system requirements, rules of evidence the lack of the right to impede the exercise of Interpretation, the party's legal awareness and capacity in the capacity to be improved.