Study On The System Of Interpretation Right In Civil Litigation

With judicial reform conducting, the pattern of civil litigation is transformed from authority system to adversary system and principle of cooperation is gradually established. At this background, reference and introduction of the judge interpretation right in China is of great significance. The judge interpretation right is a guide for effective action on the parties, so as to make up for inequality between parties, improve the efficiency of litigation and achieve substantive and procedural justice. This paper will reasonably perfect the judge interpretation right. This innovated idea will be proposed through trying to clarify the basic theory of the judge interpretation right, analyzing the judge interpretation right condition and studying on the establishment of the system of judge interpretation right in China.The judge interpretation right originated in civil law countries whose objective is to consummate shortcomings on the adversary system. Theoretical circle at home and aboard has studied the basic theory of the judge interpretation right comprehensively. But in our country the judge interpretation right only exists in the judicial interpretation. There is not definite regulation including principle, scope and extent leading to its poorly operable in practice, absence of the benefit of improper interpretation, slack, improper and exceeding for exerting interpretation in operation.Owing to low and uneven quality of our parties, they need guidance from judges in the proceeding. Our country has appeared interpretation spontaneously in judicial practice. This indicates the establishment of the judge interpretation right in China is necessary and feasible. In the process of perfecting the judge interpretation right, we need to learn from the successful experiences of foreign legal system. With the background of reform in our civil litigation pattern, we should perfect legislation, confirm the scope of the judge’s power, principles and limitations, perfect the benefit of the judge interpretation right and the parties are also given the right to dissent and appeal. And therefore we should speed up the construction of judge’s occupation. Our purpose is to improve the quality of judges and realizing the equal communication between judges and the parties. In a word the judge interpretation right is a complete system, we need to gradually perfect it in practice.