Research On The Interpretation System In Civil Litigation

In recent years,the judicial system of our country has been constantly explored.Up to now,the litigation mode has changed from the sovereignty mode to the authority mode with the party doctrine.Because of this change,interpretation plays an increasingly important role in judicial practice.Throughout the current laws and regulations implemented in China,there is no complete system for interpretation,but scattered in many judicial interpretations.There are more and more provisions about interpretation in practice.In order to make it develop better in practice and give full play to its role in practice,we need to analyze and improve the system of interpretation.In practice,because there are no clear legislative provisions on interpretation,through sorting out,the provisions of present interpretation are reflected in the civil procedure law.Articles 124 and 126 are the embodiment of interpretation.In addition,there are provisions on interpretation.In some judicial interpretations,many places have also issued some documents on the exercise of interpretation.Because there is no clear interpretation of the legislation,there are deficiencies in the provisions,in practice,the court in the use of interpretation will also have some problems.There are the following deficiencies in the application of Hermeneutics: firstly,the legislation is not systematic,and the application of Hermeneutics in practice is more and more frequent,so there should be corresponding laws to clearly stipulate it.However,at present,there is no clear and specific provisions on the application of Hermeneutics in our country,which makes the application of hermeneutics lack unity,leading to the improper and inconsistent use of hermeneutics,and judges may come out in the same situation It is not conducive to the full exercise of hermeneutics.Secondly,in legislation,the scope of interpretation is not clear,the content of interpretation is not regulated,and the standard of interpretation is not regulated.In practice,it is difficult for the court to grasp how to use interpretation and how to use it.There is no stipulation on how to use Hermeneutics in each stage.In the end,when there is improper interpretation,there is no provision on how to carry out relief,which is also a lack of Interpretation Legislation.Through the analysis of the deficiencies in the interpretation legislation,we can think about its improvement through the followingways: first,improve the interpretation legislation,so that it has its own content of laws and regulations,and no longer rely on a variety of laws and regulations,and need to pay attention to the connection with other laws and regulations.Second,to improve the scope of the exercise of hermeneutics,to expand the scope of the exercise of hermeneutics,so that hermeneutics can be used in more situations,and need to make some provisions on the exercise boundary to help the court to judge whether to use hermeneutics.Thirdly,the implementation stage of interpretation should be regulated so as to make the overall construction of interpretation more perfect and the court's implementation of interpretation in each stage more standardized.Fourth,to increase the relief mechanism of interpretation,after the improper interpretation in practice,it is generally to explain the situation in the litigation request through appeal,and the way is relatively simple.We can consider to increase other correction mechanisms of interpretation,and eliminate the improper interpretation in time,so as to ensure the rights of the parties.