On The Tips Obligation To Legal Opinions

The term of interpretation obligation originated in the civil law, based on theCriticism of long-held “principle of judges knowing the law” in civil law countries.Germany, France and other representative nations gradually established the tipsobligation to legalopinions in the legislation. The clarification in law application isviewed as the tips obligation to legalopinions in civil law countries courts. Itconstitutes the core of “substantial litigation orders” combining with the factinterpretation. the legislation of the tips obligation to legalopinions is necessary forrealizing hearing claim-the basic power in constitutional procedure, to avoidunexpected adjudication. Currently the development trends of in civil litigation iscollaborative litigation the judge with the parties, the traditional adversary system andpower system of pattern of litigation cannot meet China’s needs, therefore, our countrymust build a collaborative pattern of litigation at once, and achieve the conversion ofpattern of litigation. Fulfilling interpretation obligation is an important manifestation ofits collaboration with the parties, through the establishment of the tips obligation tolegalopinions, the courts should discuss with the parties in law application, establishingthe tips obligation to legalopinions is the main task and one of the inevitablerequirement of build a collaborative pattern of litigation.It can be said that establishingthe tips obligation to legalopinions is of great significance for China to buildcollaborative pattern of litigation. However, most scholars believe that the scope ofInterpretation is limited to the fact interpretation; it does not include the clarification inlaw application. the theoretical study on the tips obligation to legalopinions is lack, thetips obligation to legalopinions does not be provided clearly in our legislation,traditionally legal opinions of the judge are deemed as the secret of adjudication, whichled to the frequent occurrence of unexpected adjudication, and the dominant position ofparties cannot be effectively guaranteed, China learn from unexpected adjudication offoreign country and other region in order to establish our tips obligation to legalopinions is particularly essential. In view of this consideration, author decides todo some research on the tips obligation to legalopinionsand the establishment in china.The full text is divided into three parts:The first part of the main content: introduce the basic theory of the tips obligationto legalopinionsbriefly, discuss the connotation of the tips obligation to legalopinions,the tips obligation to legalopinions should be relatively independent position in theCivil Procedure Law In the definition, but it is still an integral part of the tipsobligation to legalopinions. Discuss the specific content of the tips obligation tolegalopinionsfrom many aspects, such as the object, elements, the stage of application,effectiveness and the legal consequences of violating interpretation obligation. Thelegislation ofthe tips obligation to legalopinionsis necessary for realizing hearingclaim-the basic power in constitutional procedure, to avoid unexpected adjudication.The second part of the main content: Introduce the legislative history of the tipsobligation to legalopinions in Germany, France and Japan, and the legislative status ofTaiwan. These countries and regions were initially affected by the “principle of judgesknowing the law”, they think that Interpretation and application of law was the duty ofjudges, the fact interpretation was be regulated In the Civil Procedure Law, however,in order to protect right of parties judge law adequately, the Civil Procedure LawGradually Introduce the clarification in law application-the tips obligation tolegalopinions, the obligation has become the core content of collaborative action injudges and parties. The article mainly introduces the present situation of the tipsobligation to legalopinions, and analyzes the reason of the present situation. In theBackground of collaborative action has become the development trend of civillitigation, Interpretation system has been widely recognized in China, the factinterpretation was be regulated In the Civil Procedure Law, but the tips obligation tolegalopinions was not be clearly regulated. Discussing the Significance of establishingthe tips obligation to legalopinions in china at last, to make clear the tips obligation tolegalopinions in Legislation will contribute to avoid unexpected adjudication inpractice and promote the dominant position of our parties. In addition, establishingthe tips obligation to legalopinionshas very important significance for establishing thecooperative pattern of litigation and the constitution of hearing claim.The third part of the main content: Put forward the specific ideas of establishingChina’s tips obligation to legalopinions, analyze the legislative history of collaborativepattern of litigation, point out that based on the reflection of the traditional adversaryand power system patterns of litigation, coordination began to rise, collaborativepattern of litigation has become the development trend of the pattern of civil litigationin most countries. Discourse the current status of the pattern of civil litigation and thenecessary to build collaborative pattern of litigation in China, and discriminatecollaborative pattern of litigation with the tips obligation to legalopinions. It point outthat establishing the tips obligation to legalopinions is the main task and one of theinevitable requirement of build a collaborative pattern of litigation. Then, on the basisof analyzing and summarizing the theory ofthe tips obligation to legalopinions, andlearn fromthe tips obligation to legalopinions in foreign country and some region.Combine with our trial practice, Puts forward some conception to make clear the tipsobligation to legalopinions and the performance of the tips obligation to legalopinions.Finally, it discusses the quality of judges and the forcing agency system for lawyersrelated to the tips obligation to legalopinions.