Operation And Construction:System Of Civil Judge’s Interpretation After The Court Decision

The system of the civil judge’s interpretation after the court decision is a new rule of judicial system. It got great practical effect in law, since the supreme court began to carry it out to the local court in2005, and it also had some defects which appeared in the course of court adjudication. This article points out the rationality of the system of judge’s interpretation after the court decision, and to seek the practical significance by demonstrating the rationality of the System of civil Judge’s Interpretation after the Court Decision on law concept, law theory and law value. The system of civil judge’s interpretation after the court decision is a kind of rule which carrying out in most courts, one of the aims of this system is curb the occurrence of the lawsuit and the letters of complaint from the people and the calls they make to lodge complaints by the application in judge practice, and in order to keep the law’s justice, authority, and the harmonious and stable of social. The rule has big significance in promoting parties received decision of the court, reducing pointless appeal and repeated appeal. Although the system of judge’s interpretation after the court decision has the active role in the judicial practice, it also has some problems in technology and practice, such as deficiency in trial resource. Some judges and parties lack knowledges to this system, the system also lacking the normal form in practice, such as there is no definite subject design, normative program starting, and limited answering range. The points of all limited the judicial effect of the system. According to analysis the system’s rationality and limitation make the author conscious to the importance of the system study on construction. and it also makes the system play more effects, and avoid the deviation and error in practice, in the author’s opining, we can construct this system in the follow parts. First, perfecting the main structure design,and it contains the court take part in the main structure design, and determined the range of the parties application of judge’s interpretation after the court decision. Second, constructing the base step of this system,to make normalization in the starting of procedure, and to make definition and breakthrough in the system of answering. Last, in order to definite the range of judge’s interpretation after the court decision, which contain the range of entity and procedure.