The Construction Of The Judge's Right Of Interpretation Under The Mode Of Synergism Litigation

With the development of the society,the judicial practice becomes more and more complicated,and the litigant doctrine and the authority doctrine gradually tend to merge and learn from each other.Synergy is an independent litigation mode which absorbs the advantages of litigant and authority.Compared with the other two modes of litigation,the synergistic litigation mode can better meet the needs of judicial activism in today's society.The trial result can be both substantive justice and procedural justice,and at the same time improve the efficiency of litigation.Synergistic doctrine lawsuit mode to and interpretation right system is highly fit,in collaborative doctrine lawsuit mode constructing interpretation right system,make both mutual cooperation between the parties and the judge,and restrict each other,under the interaction of the two promote the litigation process,realize judicial justice,avoid raid on trial,but also let the referee results are more likely to be accepted by the public.This paper is divided into five parts.The first part introduces that the Synergism litigation mode is an independent litigation mode.In the second part,the author introduces the modes of action of authority doctrine and litigant doctrine,highlighting the disadvantages of the traditional litigation mode,and then illustrates the limitations of establishing the right of interpretation under the traditional litigation mode by introducing the status of the extraterritorial interpretation right.The third part introduces the litigation mode and prominent advantages of Synergism litigation mode,and expounds the necessity of constructing the right of interpretation under Synergism litigation mode.The fourth part expounds the problems of the interpretation right system in China from different angles.The fifth part is about how to construct the judge-explication right system under the model of Synergism litigation mode...