The Judge’s Clarification System Of Civil Procedure Law In German And References

The Judge ’s Clarification system of the German civil procedure law exists for along time, the Civil Procedure Code enacted in1877provides for the first time JudgeClarification Obligation, the purpose of the establishment of Clarification Obligationis,through the joint efforts of the judge and the parties, to be able to quickly sort outthe facts of the case, and to counterbalance between justice and efficiency, GermanCivil Procedure law in recent years, continues to expand in the modification the rightof Judge ’s Clarification and establish judge ’s discuss obligation、question obligationand notify obligation, to enrich the trial, promote process and achieve substantialfairness. The Judge ’s Clarification in German Civil Procedural theories refers only tothe Clarification of the fact, does not include procedural matters and legal matters,which is caused by historical reasons, with German civil procedure law graduallyrelease expansion of the scope of The Judge ’s Clarification system, the Germanscholars think that the Judge ’s Clarification could not covers the activities of judges,so they choose the material procedural guiding to characterize the concept.The working principle of the Judge’s Clarification system is through Judge’sdiscussion and clarification to make the judge and the parties are able to ascertain itsmeaning to each other. On the basis of this Judge guide the parties to bring forward allthe facts relevant to the request, the purpose is to achieve full hearing, and through theobligation of discussion of law make the parties know the Judge’s point of view of lawand have the opportunity to express their views, in order to prevent unexpectedjudgment. The Judge ’s Clarification system rooted in the soil of the debate theprinciple of the debate, is a product of the party-oriented mode of action, the role ofjudges under the cooperative system is not referred to the activities of judges in theJudge ’s Clarification system, so in cooperative system does not exist the Judge ’sClarification concepts and system.German procedural practice has chosen the principle of the debate as the trialprinciple, in order to balance the pursuit of value, and also establish the Judge ’sClarification systemThe establishment of the Judge’s Clarification system and the principle of thedebate in Germany has achieved remarkable results in terms of efficiency and justice,but it’s effective functioning needs its corresponding specific environment andsupporting systems, China in the construction of the Judge’s Clarification system needto take full consideration of the structural design of the proceedings, and on this basisto shape the Judge’s Clarification system.