Civil Pretrial Procedure In The Study Of The Jude’s Power Of Explication

"Interpretation" means a judge to hear the parties in the debate, by asking questions, reminders, etc., to inform the parties do not explicitly mentioned in the lawsuit data, incomplete place, and to promote its corrections and additions. Pretrial proceedings judge’s interpretation refers to the pre-trial proceedings, the judge found that the proposed action of the data subject, such as the existence of the complaint, pleadings, and other evidence provided incorrect or incomplete place, judges active release Ming to make accurate, complete, thereby contributing to conduct the program. Pre-trial proceedings the trial judge’s interpretation of distinguished judges next release in the body, the type and the improper exercise of remedies and ways.Today, more and more national attention before trial program to build the system, so as to promote the rights of pre-trial judge’s interpretation of continuous progress and improvement. Civil law countries to establish and continuously improve civil pretrial procedure and expand the role of power and ready to judge, common law countries have also strengthened in order to improve the efficiency of the management of litigation for civil pretrial court proceedings, the judge involved in the party point of contention and, finishing etc. substantial evidence of these measures is to safeguard the legitimate rights and interests of the parties, the parties to achieve a fair and speedy showdown. On the issue of the judge’s interpretation right, China’s Civil Procedure Law does not expressly mentioned, only individual in the judicial interpretation of the law, the legal effect is not high. Our civil pretrial procedure is not complete, civil litigation pretrial procedure judge’s interpretation of the provisions of the right is non-existent, the current pre-trial judge’s interpretation program is basically no legal right to remain in the state.In view of the trial proceedings before the civil judge’s interpretation system defects, the paper established a sound pretrial procedures, improvement of legislation in the pre-trial judge’s interpretation process rights, the establishment of the pretrial release program improperly prescribed remedies make recommendations accordingly three system.