Analytic Legal Relationship Topic To Public Beneficial Demolition For Urban Construction

Aufklarungsrecht, first appeared in the Germany Code of civil procedure, isrecently introduced into judicial reform as a novel term and being a concept of civillaw in our country., The civil litigation goes through long-term judicial practice withfurther progress of judicial reform in our country, so the mode is graduallytransferred from authority doctrine towards party doctrine. However, Parties,especially those of grass-root levels, are relatively short of law knowledge andcapacity to action in many civil litigations. At present, it’s with rationality andnecessity to establish judge’s interpretation right system at the right moment in orderto remedy the limitation of party doctrine litigant mode. Also, it’s an insurmountablestage during the process of our country’s judicial reform. Although “the certainRegulations on the civil evidence” issued by the Supreme Court already had somerules, there still have been many deficiencies. Not a few academic discussions aboutthe interpretation right have been made, but most of them were discussed in theory.The application of the interpretation right to practice varies, because it depends onjudge’s power of discretion. On the account, the article will simply analyze anddiscuss how to understand and apply the interpretation right in judicial practice fromthe perspective of a grass-root judge, and hopefully it could throw out a minnow tocatch a whale for the construction and improvement of future system ofaufklarungsrecht.