Research On Judge Interpretation System Of Civil Procedure Law

With the development of our economic society and the transformation of litigation mode,reform of civil trial mode and judicial system,Judge Interpretation as the importance of the basic systems of civil action is more prominent.The existing provisions of the regulations on the part of Judge Interpretation,with years of accumulation of judicial practical experience,so it's important to perfect the system and establish Judge Interpretation which suitable for China's national conditions.Judge Interpretation can effectively form a balance between parties.It ensures participation of the parties in litigation adequately and maintain their own legal rights.It realizes substantive justice and procedural justice.It enhances the credibility of the judiciary and maintain judicial authority.The thesis besides preface and epilogue,including four parts to discuss Judge Interpretation system in our civil litigation:The first part is the basic theory of the Judge Interpretation.Above all,generalizes the concept of the Judge Interpretation.Secondly,analysis the nature of the Judge Interpretation.Then describes the classification of the Judge Interpretation.Finally,discuss the litigation value of Judge Interpretation.The second part is the comparative analysis of foreign Judges Interpretation System.Through the introduction of Civil Law the Judge Interpretation System of the representative country.Summarize different experiences of different countries.Inspect and explore the situation of our country Judge Interpretation System.The third part is the assessment of the status quo on the interpretation of judge system in China.Elaborate from the present situation of legislation and the judicial practice of situation of Judge Interpretation.The key point is summarizing problems of Judge Interpretation.The fourth part is to improve on the consummate of Judge Interpretation in China.Focus on the construction of Judge Interpretation System in China.Perfect the standard of Judge Interpretation.Determine the scope of Judge Interpretation.Clear the stage of Judge Interpretation and establish the relief mechanism of Judge Interpretation.