Research On The Judge's Interpretation Right Of The Civil Pretrial Procedure

Aufkaung means define those undefined processing.Usually the understanding in judicial practice as the litigant appeal is not clear,the evidence is not sufficient,given the proper interpretation of the judge by asking questions and reminders,in order to balance the parties litigation ability,improve litigation efficiency,reduce litigation costs,so as to guide the orderly and efficient litigation activities.The judge interpretation system originated in Germany,is one of the basic systems of civil litigation theory,its purpose is not only to make up for the shortcomings of the adversary system,is conducive to the procedure of public justice,effectively prevent the unexpected judgments,in order to achieve the purpose of litigation disputes.But also to promote communication and exchanges between judges and parties to the litigation activities carried out orderly.It has very important significance and improve litigation efficiency,reduce the cost of litigation,judicial justice.For now,interpretation right in our country is divided into five stages,the filing stage?the pre-trial phase?the trial period?the sentencing phase?the execution phase.Between those stages,the pre-trial phase is the most important phase,because it can be orderly and efficient for the case.This paper mainly studies the civil litigation pretrial procedure right of the judge cohabitancy.For other phases in the civil procedure exercise of the right to judge cohabitancy problem is only a little.The pretrial procedure of civil litigation is one of the important procedures for the proper settlement of civil disputes,litigation disputes plays an important role.The civil pretrial procedure of judge's interpretation right reasonable and proper exercise,not only can give litigants have more time to prepare for the collection,screening,sorting out the evidence more valuable in before the trial,but also can reduce the burden of court cases,saving legal resources to better,improve the efficiency of lawsuit.This study focuses on the procedure of judge's interpretation right of civil litigation pretrial preparation,instead of the civil pretrial procedure system itself is not purely on judge interpretation problems,but will judge the procedure before the two combined study deeply on the system of the right system and the civil litigation.In order to further improve the civil litigation pretrial procedure the judge interpretation right system in the Ming dynasty.The elements of this study are as follow:The first part is the basic theory of judge interpretation pretrial procedure and civil litigation system.The author firstly introduces the judge interpretation system concept and nature,put forward different stages of judge interpretation content.Then,the concept and function of the civil pretrial procedure are introduced one by one.The second part is the investigation of current situation of China's civil pretrial procedure of judge's interpretation right system.This part mainly includes two aspects:the preparation procedure of the clarifying power in the legislative system of the status quo of China's civil action in one hand.On the other hand,through several typical case analysis of the civil pretrial procedure of judge's interpretation right in judicial practice in China,reveals the emergence of interpretation right in the process such as lack of legislation,legal order is low,the scope of the interpretation right is not clear,poor operability and other common problems.The third part is the historical investigation and Enlightenment of foreign legal system of civil litigation pretrial procedure of judge's interpretation right.This part mainly introduces the judge interpretation system development in foreign countries of the two legal systems,combined with the actual situation of China's judicial environment,sort out some advanced experience for reference.The fourth part is the civil pretrial procedure of constructing and perfecting the clarifying power system.This part mainly combined with judicial practice,in accordance with the second part of the content of judge's interpretation right in the process of problems,from making up for the lack of legislation,balancing the parties litigation ability,improve the efficiency of the proceedings on the three aspects of the judge interpretation system construction and improvement are analyzed.