Judge's Legal Opinion Interpreting Obligationin Civil Litigation

Legal opinion interpreting obligation is a system where judges shall interpret their legal opinions which will be used as the foundation of the result of the civil litigation.Through reasonable guidance and exact interpretation,parties' disposition right can be sufficiently performed and surprise attack on legal aspect can be efficiently avoided.This system makes a example for current China where there is a transition from inquisitorial system to adversary system in the aspects of achieving smooth transition,designing assorted system,avoiding disadvantages of adversary system,defining judges' reasonable position,and guaranteeing parties' right.Through basically analyzing the theoretical basis,foreign experience,detail contents,internal value and practical significance of legal opinion interpreting obligation,combining which with the current situation of Chinese judges' practice experience of interpreting,the advantages and resistances to set the legal opinion interpreting obligation in China can be cleared,and then,the feasibility and necessity to set legal opinion interpreting obligation in China can be analyzed.In addition,combining the theoretical basis,foreign experience,detail contents,internal value and practical significance of foreign legal opinion interpreting obligation with Chinese judges' surprise attack situation,Chinese legal opinion interpreting obligation can be generally described.The legislative basis and legislative principle of Chinese legal opinion interpreting obligation should be cleared,while its digital contents should be designed and proved.Besides,assorted system of Chinese legal opinion interpreting obligation should be set and perfected.For example,through collating disputable points should be normalized to link with legal opinion interpreting obligation,defining the parties'disposition right to clear the boundary of legal opinion interpreting obligation,adding legal instrument recording methods to match legal opinion interpreting obligation,etc,the system of legal opinion interpreting obligation can be more intact,and then,the value and advantages of legal opinion interpreting obligation come true.