On The Exercise Of Interpretation Power Of The Judge Limit

authority power, in the proceedings can promote effective interpretation between the judges and parties concerned to communicate, to judge through interpretation, to ascertain the appeal, to avoid the dispute settlement from the original. At the same time, the hermeneutic right to judge their hearts card and relevant legal opinions to the parties to the timely feedback to adjust their request, advocate and the attacking and defending methods, avoiding the alleged attack on referee, thereby enhancing the credibility and execution, the real matter of justice. However, our interpretation right rarely, only in the judicial interpretation of some of the concerns. Our interpretation right provisions exist in the form of legal norms rank is low, the basis of law on the exercise of interpretation power rule, concept, judge unmerited clarify legal consequences are not stipulated in. Based on the summary and analysis of the trial practice, summed up the judge in the exercise of interpretation power is should follow some basic principles, namely the judge’s interpretation should explore the true meaning of the parties based on the parties to respect the right to choose, exercise of interpretation should be neutral, exercise limits to necessary and appropriate limit, should always adhere to justice justice. At the same time, the author through case analyses the interpretation right is subject to various restrictions. And in the case of several interpretation of case one one were listed and analyzed, according to the interpretation right corresponding to the pattern of litigation, and find out a not applicable interpretation of several special cases. Since China’s civil litigation system continues to develop, in civil proceedings to establish and perfect the interpretation right system has become the urgent needs, so at the end of the article, the author combines the current situation of our interpretation right, find out the perfect interpretation right system some measures...