A Study On The Application Of Judge's Right Of Interpretation In The Trial Of Civil Cases

The right of interpretation originated in Germany in the continental law system,which is a substantive command power of the court in order to clarify the litigant's claims and the facts of the case,and guide the litigant behavior such as the statement of the litigant,adducing evidence and so on.It originates from certain procedural values and basic procedural principles,and is rooted in the specific procedural mechanism background,that is,the argumentalism and dispositionism which should be generally followed in civil litigation.It devotes itself to realizing the substantive rights and interests of the parties,protecting the principal status of the parties in the procedure,pursuing the unity of substantive justice and due process,avoiding the"surprise judgment",enhancing the acceptability of the judgment,and taking into account the improvement of the efficiency of litigation.In essence,it has become a delicate institutional device to balance the values of civil litigation,and enjoys the reputation of"Magna Carta for the protection of the rights of the parties"in the countries and regions that adopt argumentalism.Since the founding of New China,due to the influence of the traditional culture,the inherent way of settling disputes,the Soviet Union's civil litigation system,theory and other factors,our country's civil litigation endows the court with stronger authority.The principle of binding debate and the principle of dispositionism have not been established.With the establishment of socialist market economic system,profound changes have taken place in China's political system,national social consciousness and legal concept,which objectively requires and promotes the corresponding adjustment of civil litigation mechanism.The court has gradually abandoned the previous arranged system,downplayed the color of the former authority doctrine,respected the litigant's status as the main body of litigation,and returned the litigant's power to ascertain the facts of the case,which should be borne by the litigant,to concentrate on the command of the lawsuit.In the reform of the mode of trial to achieve the role of the transformation.The concept and norms of interpretation have been initially embodied in the legislation of civil litigation,judicial interpretation and local judicial documents in our country,and the interpretation system has taken shape,but it needs to be further scientific and systematic.At present,it is urgent to clarify the specific objects,stages,limits and ways of interpretation,to construct the mechanism of encouragement and restriction,to strengthen the training of judges,and to improve the ability of judges to master the system of interpretation.