A Study On The Right Of Interpretation Of Civil Judges

The power of interpretation of civil judges is an indispensable system in the civil law system.It is of great significance in the communication between the parties and the court,preventing the court from raiding judgments,maintaining the substantive justice of civil litigation,and promoting judicial reform.However,compared with other civil law countries,my country's theoretical research on judges' interpretative power started late,and the relevant system legislation is not sound,which has caused confusion in judicial practice.The article adopts comparative analysis,empirical analysis and other research methods,through comparative analysis of the nature of the right of interpretation,and believes that the right of interpretation should have dual attributes of rights and obligations.The article also summarizes the problems of low legislative level,lack of principled regulations,widespread improper interpretation,and excessive discretionary power of judges in legislation and practice,and it has targeted both legislative and judicial aspects.It puts forward suggestions for improving the legislative level of the power of interpretation,clarifying the subject and scope of the exercise of the power of interpretation,setting up a remedy mechanism for improper interpretation,and strengthening the search for similar cases.