Study On The Interpretation Systerm In Civil Litigation Of China

Interpretation, originated in Germany in the Civil Procedure Law, was widely used in civil law countriesand regions, common law countries although no definite annotation concept, but also in the legal systemthere is a similar system design. Interpretation system is considered to have equal protection of the clientsto participate in the proceedings and to prevent the function from the judge raid referee. China’s civillitigation system is in transition, one of the main objectives of the transition is gradual establishment of thedoctrine of the debate within the civil litigation system, therefore the debate doctrine correctioninterpretation has also been necessary to improve and strengthen the system, but because of ourinterpretation system time is short, yet research level, leading to the theory remaining differences on theinterpretation system. In this paper, a system sort out the theoretical issues of interpretation system, and onthis basis put forward their own measures on how to improve our system of the Explanation. The followingis the main content of this paper:The first part is the basic theory of interpretation overview, overview, s interpretation of the definition forclassification-depth discussions on the Explanation of the nature of the prevailing doctrine, interpretationsystem embodied in the functional value (fair, effective elaborate debate on the doctrine of the revisedversion); second part is about the Two Legal interpretation system, cited by the legislation of the civil lawand common law countries judges interpretation system, and the corresponding comparative analysisprovide important reference for system construction and improvement of the Explanation; The third part ofthe Explanation status quo system of, theoretical reserves the Judge ’s Interpretation system, legislativestatus, judicial interpretation and the practice of to analyze the existing problems in the legislative andjudicial and combination of Civil Procedure to modify the analysis on the impact of the interpretationsystem, so as to improve the goals and direction; fourth part is the idea of perfect our interpretation system,mainly through the analysis of its system feasibility, by clear interpretation system legislative norms, theestablishment of principles applicable to Explain in line with China’s national conditions, and establishedthe the improper interpretation Ming security mechanism to build a sound measures.With the continuous progress of China’s civil litigation system, the gradual transformation anddemocratization of the judicial, the court in the past ultra terms of color began to fade, relatively passiveposition. Our theoretical circles theoretical reflection on the role of the judge and the parties allocation andinteraction, Because of China’s civil action mode conversion is a long and gradual process, which determines the interpretation Perfection is a system long-term project.