The Research Of Interpretation System In Civil Litigation Of China

As a basic system of civil litigation from countries of the continentallaw system, the origin of interpretation came from German. In thecountries of Anglo American law system, although the concept ofinterpretation is not stipulated in explicit terms, there are similar systemsexisting. The foundation of the interpretation system aims to protect theprofits of litigant, make up the unfairness that may lead by the adversarysystem, it is a supplement to dialecticalism. In our country, there are someproblems to be solved in the interpretation system either in legislativelevel or in practice. Through the research on the basic theory of theinterpretation system and the development course, the paper tries to givesuggestions to the reform and perfection of the interpretation system incivil litigation of China.The main body of the paper is divided into three chapters.The first chapter contains the concept and nature of interpretation. Itdiscusses the basic theory of the interpretation, briefly introduces the concept, development process and characteristics of the interpretationsystem, and analyses its value of law.The second chapter contains status of foreign interpretation systemand a comparative analysis. It introduces the legislation and the practiceof the interpretation system in civil law and common law countries, andthrough comparative analysis, it tries to provide reference for theconstruction of the domestic interpretation system.The third chapter contains the perfection of the interpretationsystem. It introduces the current interpretation system in China and themain problems in judicial practice. It also provides proposals to theprinciple, scope, stage and effect of the interpretation system.