Research On Application Of The Interpretation Right In The Judicial Practice Of China

The interpretation right is an important law system in the civil procedure of the continental law system. Interpretation right system plays an important role in amend-ing the formalization of debate doctrine, confirming parties’s litigation, and actual-izing fair resolution of disputes. The system of judge’s interpretation right is very important in the states for it carries the litigant model law suit pattern. The original intention is to make up the insufficiency of the principle of adversary hearing and disposition rights principle, and safeguard essence justice and litigant’s procedure benefit. The opinions proposed include:supervising the extent to which judges make statements, improving approaches of exercise of the rights to make statement, and setting up remedying process.This paper is divided into five parts:basic issues in turn to the right of interpretation of the Ming, shi Ming right to apply the principle of the scope, shi Ming, shi Ming improper power applicable stage and cohabitancy power for relief. Cohabitancy rights basic questions mainly related to the right of interpretation of the Ming definition, nature, our current legislative and judicial status quo; Shi Ming rights applicable principles about how to exercise the set specifications; Shi Ming applicable scope to strictly according to the relevant laws and judicial interpretations; In the judicial practice, the right of interpretation of the Ming applicable phase can through all the trial and execution; And cohabitancy rights relief, tried to seek improper exercise of right of interpretation of the Ming, how to eliminate the negative legal consequences for the parties concerned. Comprehensive the above five parts, the author tries to start from theory, combined with trial practice of basic theory of the right of interpretation of the Ming, legislative and judicial status quo, shi Ming right system in our country to build the idea of this a few big problems on the application of the right of interpretation of the Ming is discussed.