Research On The Theoretical Basis Of The Authority To Ask For Explanation And Its Exercising Rules—From The Perspective Of Comparative Law

The Authority to Ask for Explanation(Aufklarung) is the judges’ authority which is exercised when the statements and its meanings proposed by the parties in the proceedings are unclear, inadequate, or inappropriate, or when the evidence provided is not sufficient, but is mistakenly believed that is sufficient, and the judge will remind and inspire the parties, by asking questions or giving explicit instructions, to clarify the vague part, supplement the inadequate part, or exclude the improper part, even will ask the parties to propose other new litigation information in order to prove the facts.The reason why The Authority to Ask for Explanation(Aufklarung) established in the adversary litigation pattern is because the judges’ power is weakening in the adversary litigation pattern.However, the power is expanding all the time,so the exercising rules need to be established to be the limitation of it. Nowadays, relevant law in our country is very fragmented, piecemeal, unsystematic, and cannot bring enlightenment to the legislation and judiciary completely and systematically. Meanwhile, most studies might lack of the research into the Authority to Ask for Explanation on the law perspective.That is somehow the studies cannot join together with the judicial practice that gradual deepening naturally. This article attempts to trace to the source from a theoretical perspective, affirm the theoretical basis as the entry point, as well as explore the boarder and exercise rules of the Authority to Ask for Explanation.