Study On Judge’s Elucidation In The Civil Procedure

Judge’s elucidation originated in Germany in the continental law system.It’s on the parties debating doctrine and disposition doctrine lawsuit mode. Elucidation cancontribute to the realization of substantial justice; it does will also prevent litigation raid.Meanwhile, elucidation has efficiency value, and can promote the judicial credibility.Rational does no harm to the judge neutrality. Elucidation existed long ago. In our country,Judge’s elucidation mainly reflected in Regulations on Civil Evidence of the Supreme Courtjudicial explanation, other files which formulated by the Supreme Court contains suchcontent. In China, elucidation is essentially an obligation of the judge according to the law.These regulations achieve the purpose of protecting right and vindicating justice. However,there are drawbacks. I throw out some suggestions in this thesis.