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Comment On The Perfect Of The System Of Interpretation Right In China

Posted on:2017-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:M Q LiFull Text:PDF
GTID:2296330482498057Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The interpretation system originated in Germany, it comprises two parts: in the first part, the judge should remind and inspire the parties correct their litigation actions in the manner of asking and speaking when the parties have any difficulty in correct conduction of litigations. This is done to make up for the deficiency of the litigants’ lawsuit ability. In the second part, the judge shows the thoughts and legal perspectives when the viewpoint of judge and parties has big difference. This is done to readjust parties’ psychological expectations and litigation strategy, and it also prevents the attack of a good referee status. Although our country has already constructed the System of Interpretation Right, but there are still some problems such us legislative defects, the low quality of judges, and imperfect judicial environment. The Coordination Litigation stresses the cooperation of judges and parties. They should use their initiative to collect litigation information, find out the truth of the case and push forward the civil procedure. There is correspondence between the Coordination Litigation and the System of Interpretation Right. This article analysis the basic connotation of the System of Interpretation Right, it concluded the differences between Coordination Litigation mode and Coordination Procedural Thought. The paper proposes the according advice from three aspects in the perspective of coordination procedural thought: to establish the guiding ideology of cooperative action, to establish the principle of the system of interpretation right in China and to Perfect the supporting system of the system of interpretation right.
Keywords/Search Tags:interpretation right, legal system, Coordination, procedural thought
PDF Full Text Request
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