On The Judge’s Interpretation Right Of Civil Litigation System

Judge’s interpretation right is the concept of civil procedural systems in the countries ofAnglo-American law system, also be to strengthen the judge management system. On the basis ofthe principle of debate, rooted in the framework of civil litigation mode of. The establishment ofthe original intention, is the difference in order to balance the debate, the judge to make the lack ofcontrol of the adversary proceedings, resulting in low efficiency of the proceedings, litigation costsand other abuses, justice and efficiency in order to protect the legal pursuit of value can be realized.This article will use the jurisprudence, comparative law method, introduced the system of judge’sinterpretation right and its theoretical basis, and to study and use for reference foreign judgeinterpretation theory, unifies our country national condition and the judicial reform process, thenecessity and feasibility of establishing our country judge interpretation right system.This paper is divided into three parts:The first part: the first is a brief introduction of the judge’s interpretation right. The author willbe based on the judge’s interpretation right concept, elaborates on the basic definition and conceptof the judge’s interpretation right. Because the judge interpretation right is running in the adversarymode, which is significantly different with the authority of the judge’s. In the adversary litigationpattern, the correct understanding of the interpretation right, also must clarify and adversarydoctrine, the doctrine of disposition of the relationship, the necessary research object, on the basisof the interpretation right and the scope of operation.The second part: the theoretical basis of the judge’s interpretation right, divided into thetheoretical basis and value of two block. A system must exist for the theory basis. As a basis, theauthor will select the lawsuit idea evolution are the two aspects of theory and pattern of litigationtheory, expounds its theoretical basis. And through the judge’s interpretation right value analysis,elaborated its value: the substantive equality1.maintenance of the litigant’s lawsuit status;2.isconducive to the procedural justice, prevent surprise judgment;3.is advantageous to enhance thelawsuit efficiency and saving judicial resources.The third part: in view of our country judge interpretation of ideas on the construction of thesystem, this paper will put forward in the process of the current conditions of our country and litigation mode, establish and improve the judge’s necessity that the right has its reality. The idea ofinterpretation right to the establishment of our country’s judge’s interpretation right, including thelegislative paradigm, judge’s interpretating right principle, the judge interpretation right range,phase and the way of interpretation right, legal interpretation right to exercise, to our country judgeinterpretation for the overall design on the judge interpretation right when the improper exercise ofthe remedies.