The Application Of Judge Interpretation In Our Country’s Civil Trial

The purpose of Civil procedure is Settlement of disputes, not only for the justice,but also for the judicial efficiency. Judge interpretation derives from the theory ofCivil procedure in the continental law countries, the purpose of it is to balance thelitigation ability between parties and make up for the lack of adversary system, so itbecomes a weapon to achieve the purpose of civil litigation system.Judge interpretation system plays a important role in the civil litigation ofcontinental law countries, and it is learned by common law countries because itstrengthen the right to the court and revise the absolute adversary system.Resolving disputes and protecting the rights of the parties is pursued as apurpose of civil litigation by various countries including our country and regionsfrom continental law countries and common law countries.But judge interpretation has also been unable to attract enough attention in thetrial practice circle. So I summarize the foundation of the theory by contrast theexercise of judge interpretation under different law system and discuss the way that itought to be under the guide of modern judicial concept as to put forward specificopinions and the method of balance in civil trial practice.The article is divided into five chapters except the introduction and epilogue.Chapter one describes the status of judicial practice in our country, the courts and theparticipants in the proceedings as three elements of civil legal relationship often feelvery confused during the proceedings and make a preliminary analysis of the deepcauses of the problem as to laying the groundwork for the analysis and discussion ofjudge interpretation and litigation mode below.Chapter two analyzes the basic principles of judge interpretation through thefunctional value, classification, practice, exercise stage, scope and etc as to laying the groundwork for the select of civil action mode below.Chapter three analyzes the pattern between different kind of civil action modewith judge interpretation.There is an important relationship between civil action mode and judgeinterpretation. The principle of cooperation shares a natural conjunction with judgeinterpretation from the perspective of jurisprudence foundation in the exercise ofjudge interpretation by studying the relationship between adversary mode and officiodoctrine mode which is representative in the world with judge interpretation systemand analyzing pros and cons. Moreover, the principle of cooperation will leads thecivil procedure reform and provides protection for the construction of judgeinterpretation system in our country.Chapter four focus on the right way of judge interpretation to achieve thepurpose of civil procedure which means justice and efficiency, and discusses the mostcontroversial academics and practitioners question–the boundaries of JudgeInterpretation,briefly as to Chapter five, The exercise and balance of JudgeInterpretation in the trial practice.This chapter discusses about how to exercise judge interpretation in the currentjudicial practice based on the chapters earlier including the factual and legal aspectsof the explanation, the author also gives some preliminary advises on the constructionof the rescue proceedings for the parties and proposes the core of exercise about judgeinterpretation.