| The judge has the right of controling and judging lawsuits.In the procedure of confrontion between the two parties,it is necessary to make lawsuits fairness，justice and benefit,and to protect the legitimate rights for litigant.The unnecessary-evidence subjects are set in Civil Procedure Law and its judicial interpretation in out country.However,it is effective in practice that the judge confirm the sue.There are relative rules of unnecessary-evidence subjects,but the judge must confirm the judicial undersyanding in practice for no clarified in laws,which must affect proceedings result,even the fact and the fairness of the judge for the uncertainty reason.The purpose of this thesis is to research the theory and theproblem of the judicial understanding of civil law judgment,and to complete the judicial understandings of civil law rules.The thesis has four parts:The first part is the outline of thejudicial understanding of law.It is summarized by the definitions and the characters,values and effects from some researchers that how to understand of civil law in my thesis.For understanding better,I analize the hardest part,the object and range of the judicial understanding of civil law in detail,which can give an outline of this system for readers.The second part is the methods of comparing and analysing. I detail the rules of the eyetem in Common Law and Civil Law as the base of reserching.It is analyzed that the judge is the person to safeguard the legal fact solute the social dispute. The third part is the status quo and practice of judicial understanding in the civil trial of our country.Inthe practice,thereis few operational possibility and a lot of problems to darify.Iwillanalyse the reasons in this part.The fourth part is the suggestion for the status quo of the judicial understanding of oue civil law to complete the eyetem.It is completed with the procedures of objection,supervise for discretion and savings in statute books to play a full role and realize the effect and the value. |
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