A Study On The Boundary Problem Interpreted By The Judge Of Civil Procedure In China

The boundary issue of interpretation is the core content of the judge's interpretation system.The reasonable and appropriate interpretation of a judge can not only affect the process of the case but also affect the substantive outcome of the case.But the boundaries within which a judge interprets a sentence are extremely delicate and difficult to quantify.We all know that the interpretation system in China has not been established at the present stage,and the interpretation regulations are in an unsystematic,simple and fragmented embarrassing situation.In judicial practice,because the judge does not have a clear cohabitancy boundary line guide,issued by the Supreme People's Court about cohabitancy at odds with the relevant trial,the judge is difficult to master shi Ming "degree",appear constantly fear the judge in the judicial practice in shi Ming,delayed in shi Ming and abuse the phenomenon of shi Ming,appear even for not cohabitancy caused by improper or excessive cohabitancy cohabitancy criminal appeal cases,not only waste the judicial resources,also harm the judicial fairness and justice.In addition,at the present stage,the litigant litigation capacity in China is limited and the lawyer representation system has not been popularized.It is also common for litigants to be unable to fully exercise and punish their own rights and interests,which objectively requires the important role of reasonable interpretation by judges.Because interpretation,to a certain extent,also makes up for the disadvantages of decentralization and argumentation under the litigant litigation mode,for judges,reasonable interpretation within the boundaries of interpretation can effectively help the litigant to fully state his or her true meaning,and plays an important role in influencing the substantive outcome of the case.In fact,the Supreme People's Court and the local people's courts at various levels for shi Ming also made an active exploration of the problem,but from the legislative level,our country civil action procedure law does not exist in the strict sense of the system of shi Ming,provisions on cohabitancy only sporadic exists in judicial interpretation,in the process of guiding the judicial practice existence scope of fuzzy,boundary is not clear,the lack of specific operational methods,supervision and relief way,unable to form a complete system of interpretation system in the Ming dynasty.In addition,although most predecessors theoreticalresearch about shi Ming,such as the fact that the nature of the shi Ming,shi Ming border border with purpose and standard of rigid-flexible economic cohabitancy boundary were made great theoretical guidance of the basic research also gradually thorough,but many views but still there is no a unified standard,operational stronger cohabitancy boundary.Therefore,the problem of boundary demarcation still needs to be solved,which is not only an inescapable problem,but also an extremely important research proposition.Based on the current our country civil action cohabitancy boundary is fuzzy,lack of systematic,operability is unable to effectively guide the judicial practice,based on the analysis of practical problems existing in China cohabitancy related specification and draw lessons from the mature experience of Germany,Japan cohabitancy specification,five points clear interpretation "Ming range on the basis of statutory interpretation of Ming principle combined with a specific standard of the boundary of the resilient thing.To explore the meaning,realize the principle of the two sides equal confrontation,moderate principle,explain the principle of binding high generalization,under the guidance of basic principles such as refining cohabitancy follow the interpretation of the clear boundary with the fact standard,the parties,the minimum suggested three specific reference standards and typed the written judgment standard specific operational cohabitancy boundary standards,in order to realize civil litigation entity justice,so as to maintain the judicial authority.As the "Magna Carta,amendator" in the civil procedure Law,the demarcation of the interpretive boundary is the core content of the construction of the interpretive system,and its importance is self-evident.It is not only the urgent need of judicial practice to define the interpretive boundary clearly,but also the urgent need of the modernization reform of China's civil procedure law.