Study On The Interpretation Obligation In Civil Litigation Of China

In the continental law system,the interpretation is one of the most important systems of civil litigation which is originally used by Germany.In China,the interpretation should be definited as obligation.With the interpretation obligation,the involed party could bring out more adequate claims and more correct evidence which eventually help to achieve the substantive justice.The interpretation obligation contributes to bridge the gap between the legal specialization and the lawsuit ability of the party.Besides,the interpretation obligation can offer the medium of communication between the court and involved party,which aims at resolving dispute.The rules of interpretation obligation in our country's relative laws and regulations still focus on < Several Provisions of The Supreme People's Court on Evidence in Civil Procedures>,which introduce the interpretation for the first time.Article 35 If,in the process of litigation,the nature of the legal relations alleged by the parties concerned or the validity of the civil acts are inconsistent with the findings of fact made by the people's court on the basis of the facts of the case,the people's court shall inform the parties concerned that the allegations litigation may be changed.However,the rules are ambiguous and decentralized that can't guide the court.The lack of detailed and explicit stipulation of interpretation obligation in the current law of our country result in the inconsistent judicial practice.Therefore,through the research on the actual practice and the basic theory of the interpretation obligation,the paper tries to study the interpretation obligation,hoping it can improve the legislation and judicatory practice in our country.