On The Judge's Right Of Interpretation

With the development of social economy,the number of disputes has increased significantly,and the requirement of litigation efficiency has also increased.In the process of changing the mode of civil litigation from the authority doctrine to the litigant doctrine,although it embodies the attention to the litigant's participation in the procedure,some problems are exposed.The purpose of the interpretation system is to make up for the deficiency of the litigant's litigation ability,the incompleteness of the expression of the lawsuit request,the vagueness of the facts of the case,and the imperfection of the evidence materials.In the current litigation mode of our country,the introduction of the interpretation system is conducive to the judge to help the parties dispose of their rights,the full exercise of the right to defense,and also to alleviate the contradiction between the pursuit of fairness and the improvement of litigation efficiency.However,there is a lack of systematic norms on the right of interpretation in law,and the legal rank is low,the effect is not high,there is no unified standard,so there is no clear boundary for judges to exercise the right of interpretation,resulting in improper interpretation and other situations.This article will define the scope of the judge's interpretation by explaining the content of the litigation request,the burden of proof,the legal viewpoint,the entity defense and so on.At the same time,after the judge caused the improper interpretation,the corresponding relief mechanism should also be designed,including from the court and the parties to regulate.The research of the whole interpretation system is still a long way to go,including the revision of the law,the change of the legal thought,the improvement of the judge's ability and so on.Although our country has been carrying out various reforms in recent years,including the reform of judges,the reform of judicial examination and so on,trying to improve the standards of legal profession and the construction of socialist rule of law with Chinese characteristics,we can not stop the research on the right of interpretation of judges in order to improve the system of the right of interpretation in China.