Font Size: a A A

On The Definition Of The Ecercise Scope Of Judge's Interpretation Right

Posted on:2019-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y P XuFull Text:PDF
GTID:2416330578480541Subject:Law
Abstract/Summary:PDF Full Text Request
Interpretation refers to the fact that in the case of requests,claims,evidences,etc.,the parties are not specific,incomplete,inadequate,or inappropriate.By means of questioning,informing,etc.the judges urge the Parties to be specific,not comprehensive,not comprehensive,not fully comprehensive,and inappropriately appropriate.Interpretation that as a bridge between the judge and the client,it plays a vital role in the acquisition of correct and fair referees.The establishment of the scope of the interpretation of the right is the core of the interpretation system,and the precise definition of the scope of the interpretation of the right is closely related to the purpose of the interpretation.The exercise of the right to interpret has its supplementary teaching of liberal litigation and formal justice,promotes one-off resolution of disputes,guarantees equal access to justice and substantive justice between the two parties,prevents surprise referees from respecting the reasonable expectations of the parties,and promotes fact finding to effectively alleviate evidence.The basic purpose value is to be favored;and the right to protect the parties'self?selection,Prevent the judge from expanding his power arbitrarily,and abide by the judged neutral position between the two creations is the justification for clearly defining the scope of the judged interpretation.Therefore,on the basis of drawing on the experience of defining the scope of the interpretation rights of judges in different countries and regions,the lack of legislation to define the scope of the interpretation of the interpretation rights of judges in China and the current situation of the chaos of practice operations should be defined by establishing the scope of the interpretation of the judges.The principles and standards,and the textual normative model that defines the scope of the interpretation of the judge's interpretation rights,the specific scope of the judge's interpretation,the factual claims,the evidence,the burden of proof,the legal opinions,etc.Define,in order to improve the exercise of the interpretation rights of judges in China,safeguard the legitimate rights and interests of the parties,guarantee fair referees,and prevent the judges from expanding arbitrarily.
Keywords/Search Tags:interpretation, scope of interpretation, scope determination
PDF Full Text Request
Related items