The Study Of The System Of The Judge's Interpretation In The Civil Procedure

Judicature is being reformed, institution is developing, theory is being discussed, and practice is exploring. How to establish and perfect the institution of the civil procedure is a problem concerned by legislator, magistrate and the masses of the people. The institution is an item of system, and in the civil procedure institution, the interpretation system is approved by theorists and workers of practice more and more, and this system is also paid attention by them. On the basis of definiting the meaning of the interpretation system, the writer will reflect on our country's interpretation system through the comparative analysis of relevant institutions of civil law and common law, and then explore the thread of resetting our country's interpretation system.This thesis is consisted of four parts:Chapter 1 The noumenon analysis of the judge's interpretation. This chapter analyses and definites the concept and characteristic of the judge's interpretation. By comenting on the nature of the judge's interpretation, that is, the nature of obligation, right and the combination of obilation and right, the writer puts forward that the judge's interpretation is a judge's power,at the same time,it is a judge's duty. Through discussing about the value and classification of the judge's interpretation, we can futher understand its connotation and extension.Chapter 2 The comparative study of the problem of the judge's interpretation. Through listing the legislative cases of various countries of civil law and common law about the problem of the judge's interpretation, and conducting corresponding comparative analysis, we can see some useful references for our system construction.Chapter 3 The native interpretation of the problem of the judge's interpretation. Through introducing the legislative status and justice status of the problem of the judge's interpretation in our country, the writer wants to analyse the problems existing in legislation and justice, thus provides target and direction for later reform. Chapter 4 is about the resetting of the problem of the judge's interpretation in civil procedure. Based on the analysis and demonstration of fore chapters, through analysing the theoretical basis of the interpretation system, comparing the patterns of the interpretation system and how to choose a suitable paradigm of the interpretation system, the writer analyses and demonstrates the interpretation system on the macro and on the micro.