The Application Of The Judge's Interpretation In China's Civil Summary Procedure

The judge's interpretation originated in Germany,and then it becomes one of the basic systems of civil litigation in the continental lay system.Based on the debate doctrine and dispose doctrine,judge's interpretation is designed to make up the defects under the pattern of adversary system such as intricacy,delay and so on.In China,as the deepening of the reform on civil trial pattern,our civil litigation pattern shifts from the original inquisitorial system to the adversary system.The center of this reformation is to reappraise the value of civil litigation procedure to achieve justice and efficiency.Summary procedure is a hotpot in the reform of civil trial procedures.As a kind of civil procedure,summary procedure has been applied widely in the People's Primary Court because of its characteristics of lower litigation cost,shorter period and simple procedure.Justice and efficiency of litigation is judicial value and goal.On the one hand,summary procedure can enhance efficiency by simplified design of its procedure;on another hand,summary procedure must satisfy the guarantee of justice as judicial procedure itself.In judicial practice,unbalanced capacity to action between two parties as a result of their poor economy,lower literacy level and other reasons,and absence of comprehensive and professional legal service system make parties lack of the guarantee of litigation right and substantial justice.Therefore,to solve these problems,it is necessary to expand the judges' authorities.Judges exercise theircommanding power to propagating the process of civil cases and intervene with litigants' action promote efficiency and justice.Judge's interpretation,as one of the commanding powers of action,asks the judge to make some interpretation appropriately to litigants' statement and assertion if necessary to propagating the process of civil cases and discover the true facts.The system can guarantee litigation both parties equal participation in civil litigation,give litigants procedural guarantee and rights,achieve substantial justice,improve the efficiency and realize the purpose of the jurisdiction popularization.The body of this thesis is divided in three parts.The first chapter introduces the basic theories on summary procedure and judge's interpretation,including the basic meaning of summary procedure and its scope and functions.And this part also expounds the meaning of judge's interpretation and its essence and character.The second chapter analyses the current situation of application of summary procedure by a series of data.And then this part point out that judge's interpretation plays an important role in justice and efficiency of litigation,so we draw the conclusion that judge's interpretation should be strengthened.The third chapter introduces the construction of judge's interpretation,which includes the theoretical basis,the principles,and the sphere and other items of this system.