Judge Interpretation

Judge’s interpretation right, the first derived from the German Code of Civil Procedure。Later various countries and regions have invoked this system. For our civil litigation system, Interpretation right belongs to a new legal regime.It overcomes the low mode adversary litigation in common law countries which have been brought about by the use of efficiency and other defects.,it has realized the multiple functions. The achievement of justice and efficiency in the value of the target is very important. However, due to the late start of China’s legal research. At present, the theoretical research on the system of interpretation right is relatively backward, Laws and regulations are very few, Therefore, it is necessary to make a discussion on the basic theory of the right of interpretation and the relevant issues in the practical use of the court. According to the author’s practical experience, using of scientific analysis method, On the basis of explaining the basic theory 、historical evolution and present situation of the development. Put forward legislative proposals and ideas.This paper is divided into three parts.The first part is an overview of the basic system of the judge’s interpretation right.Mainly discusses the meaning and characteristics of the interpretation right and its historical evolution. To clarify the basic theory of the system,to understand the value and significance of the system. The interpretation right system should not be a purely theoretical discussion. Because it is the most commonly used in the judicial practice. It is not a judge’s right or obligation, it should be the unity of rights and obligations. Even Anglo American law system also established a system with the nature of the " interpretation right "The second part analyzes the legislative and practical operation of the judge’s interpretation right system in our country. In our current laws and regulations, the provisions on the interpretation right are less and scattered. It produce a variety of problems. These problems is likely to directly affect the procedure of the case or the entity of the entity. through my own trial experience, as far as possible to sum up these issues in order to propose a better perfect and solution.In the third part, through the above analysis., put forward specific reform ideas. From the perfection of the legislative level, Make up the defects of the existing laws and regulations. It is suggested that the judge’s interpretation right system as a basic principle in Civil Procedure Law,To provide sufficient legal basis for the judicial practice of judges. At the same time, explain the legal responsibility and relief way. To allow the parties to challenge or choose an appeal or retrial. Strive to better the right system to play its due role.