Study On The System Of Civil Justice Interpretation Procedure

Judge’s interpretation system is the basic theory of civil litigation system, and in civil process plays an important role. With the rapid development of China’s Civil Trial of the reform process, the theoretical study Judge’s interpretation system has reached an unprecedented height. Practice has proved that there is a pattern of litigation powers such as reducing the effectiveness of the proceedings, against the legitimate interests of the parties and other defects, but the implementation of a full adversary litigation model is not fit our country, but it is a balance system Interpretation of these two modes of action. However, in reality, the legislation did not carry out the provisions of the Judge’s interpretation system, but only a few of its judicial interpretation made rough outline describes how to maximize the advantages of Judge’s interpretation system, became the targets set forth herein. In addition to the introduction and conclusion of this article is divided into four parts.To address the first part of next system overview, first discusses the meaning of the judge’s interpretation right, the nature and value; secondly, focusing on the relationship between the system and the core principles of Interpretation adversary proceedings under the model.The second part of the Interpretation of foreign institutional comparative study. And civil law countries represented by Germany and the Anglo-American countries to the United States as the representative of the establishment of Judge’s interpretation system compared to a firm to explore suitable for China’s own characteristics Judge’s interpretation system determination.The third part discusses the current situation of Judge’s interpretation system, this paper from our current research status Interpretation theory, legislative and judicial status quo applies three analyzes problems and causes Judge’s interpretation system exists, then come to improve the system and method way.Section IV discusses the necessity of first Judge’s interpretation system; secondly clearly expounded the basic principles of Interpretation, scope and effectiveness of the exercise; and finally focuses on the establishment of the system of relief mechanism Interpretation.