Research On The Authority For Inquiry Of Judges In Civil Lawsuit

The authority for inquiry of judges in civil lawsuit,which literally refers to the inquiry right of the judge in the civil procedure,is the key words of this paper.There are not many researches on the authority for inquiry of judges in civil lawsuit in China.In terms of the manifestation,in civil litigation,the judge's inquiry is the default form,but in a detailed study of its elements,the form is diverse and variable,The fixed parameters of its manifestation are litigation type parameters(civil litigation),subject parameters(judge)and action parameters(inquiry),but considering its variable parameters,we can find that the manifestation is diverse.Variable parameters include time,object and attribute.Time parameter refers to the point of a judge's inquiry in or out of the court in civil lawsuit;object parameter refers to the object of a judge's inquiry that is a participant related or unrelated of the case(including witnesses and appraisers);attribute parameter refers to the difference between the right or power of a judge's execution of inquiry in civil lawsuit.The different parameters determine the different forms and positions of the inquiry.Therefore,the purpose of this paper is to analyze the parameters of the inquiry right of the judge in civil litigation,and to analyze the concept in depth,so as to try to build a scientific inquiry mode of the judge in the framework of civil litigation,including the perspective of subject and object.The questions include: 1.How should a judge ask? What should he pay attention to when he inquires? 2.The situation(trial,out of court)when he inquires,the object when he inquires,the boundary and connotation he should pay attention to when he inquires.3.The result setting of the inquiry,the consequence of being refused to answer.At present,the academic discussion about the inquiry right of the judge in civil procedure is not sufficient,most of which is limited to the research of inquiry skills and means,but the inquiry right of the judge in civil procedure is not regarded as an entity right to study its actual value and function,and what kind of positioning should be achieved further.Through comparative analysis,path analysis and other research methods,this paper analyzes theconcept and characteristics of the right of inquiry of civil litigation judges,and through the author's analysis and comparison of the legitimacy and impropriety of different inquiry modes in judicial practice,so as to combine the horizontal and vertical comparison for analysis,and finally explore the positioning of the right of inquiry of civil litigation judges.