The Jurisprudence Analysis Of The Judge's Right Of Interpretation In Civil Litigation

China’s legal norms do not clearly define the nature of the interpretation power of judges,and the theoretical research on the interpretation power of judges in the field of civil litigation has not formed a unified theoretical system,so that judges get into trouble in the exercise of interpretation in judicial practice.By analyzing the theoretical basis of the judge’s interpretation power,the theoretical circle tries to introduce the synergism litigation mode besides the litigant doctrine and power interventionism litigation mode,so as to provide the institutional basis for the judge’s interpretation system.China’s civil litigation mode is adjusting to the litigant-led litigation mode.The trial mode of the judge taking the evidence to find out the case on his own initiative is gradually changing into that the litigant bears the rights and obligations to find out the case,respects the litigant’s will,and gives consideration to the fairness and efficiency of solving civil disputes in a timely manner.The judge provides the antagonistic and harmonious litigation procedure for the parties through the explanation,and carries on the negotiation and dialogue with the parties,so as to realize the parties’ recognition of the judgment result.A large number of judicial documents show that the phenomenon of the judge’s interpretation is on the rise,but the legal norms fail to clarify the nature of the judge’s interpretation,the current analysis of the legal theory of the judge’s interpretation power in civil proceedings,trying to explain the existence of a certain rationality of the judge’s interpretation power in civil proceedings.