Study On Improper Interpretation And The Regulation Of It In The Civil Action

Since the reform and opening up,China has been carrying out the reform of the trial mode,and gradually shifting from the authoritarianism litigation mode to the litigant litigation mode.As a modifier of litigant litigation mode,interpretation right has multiple values,such as improving litigation efficiency,preventing sudden judgment,and promoting substantive justice of litigation results.However,improper exercise of interpretation right undoubtedly makes the above values disappear.Therefore,under the current background,it is of practical significance to discuss the improper interpretation behavior and its regulation path in civil litigation.At present,due to the imperfect interpretation standards in China and the uneven professional quality of judges around the country,improper interpretation behavior is common in judicial practice.The imperfection of interpretation norms in China is mainly reflected in the following three aspects:first,the legislative norms are scattered;Secondly,the explanation in practice is wider than legislation.Third,part of the interpretation specification is lack of operability.In addition,by summarizing the current trial practice in China,the relief of improper interpretation is mainly carried out through the second trial and retrial.Secondly,it is impossible to completely eliminate the negative benefits arising from some improper interpretation.Therefore,in order to regulate the improper interpretation behavior and protect the litigants’interests,we should first improve the current interpretation legislation,integrate the existing scattered legal norms,establish a unified interpretation norms and define the boundaries,ways and legal consequences of interpretat:ion.Secondly,the current mechanism of improper interpretation relief should be improved by giving the parties the right of objection,the right of claim for interpretation and the right of claim for damages.Finally,the professional quality of the judge team should be improved,which can be done by raising the threshold of admission ofjudges and strengthening the training ofjudges.