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Research On The Right Of Interpretation Of Civil Procedure Judges

Posted on:2022-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:S F YuFull Text:PDF
GTID:2516306614462884Subject:Litigation Law and Judiciary
Abstract/Summary:PDF Full Text Request
The judge's interpretation right is the product of the game between the judge's judicial power and the litigant's litigation right,which has attracted the attention of academic and practical circles.The purpose of the right of interpretation is to collect effective data,explore the facts of the case and clarify the claims as soon as possible,so as to ensure fairness,justice and litigation efficiency.At present,the practical problems of insufficient theoretical research and unsystematic norms of Hermeneutics in China make the practice of Hermeneutics in a dilemma,which seriously affects the exertion of the efficiency of hermeneutics.In practice,there are a large number of normative provisions and judicial cases of interpretation,which not only provide reference for the practice of judges' interpretation,but also provide empirical materials to solve the dilemma of judges' interpretation.Based on the basic theory of the judge's interpretation right,this paper analyzes the current situation of the judge's interpretation right in China from the perspectives of interpretation norms and judicial practice,and tries to put forward specific suggestions to regulate the judge's interpretation right from three aspects: perfecting legislative norms,strengthening judicial practice and constructing relief mechanism.
Keywords/Search Tags:Interpretation right, improper interpretation, Interpretation Specifications, Situation Analysis
PDF Full Text Request
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