The Study On The Interpretation Obligation In The Change Of Claim

Article 35 of the original Provisions on Evidence defines for the first time two types of judges’ interpretation of changing litigation claims,namely,the explanation of the character of legal relations and the explanation of the force of civil acts.Considering that the interpretation of this article is controversial in theory and practice,article 53 of the New Provisions on Evidence has adjusted it,eliminating the provision that the judge should inform the party to change the claim.When the judge and the party have different views about the legal relationship or the validity of the civil act,the focus issue should be heard.However,this does not mean that the new provisions are not explanatory provisions,but the scope of interpretation is changed from the interpretation of litigation request to the interpretation of legal point of view,from the judge to inform the parties to change to prompt the parties to change.This can not only ensure the rights and benefits of the parties on the basis of preventing the court from raiding the judgment,but also realize the one-time settlement of disputes on the basis of upholding the neutral position of judges.However,due to the concise expression of legislation,different understandings of the meaning of provisions are generated in the process of law application,so it is of necessity to combine the basic theories contained in provisions for analysis.The paper is to solve the matter of how the judge interprets the article in order to achieve the abovementioned legislative purpose.In chapter one,through sorting out legislative provisions,it is found that the provisions explained by judges in the alteration of litigation claims in China are scattered in various normative documents,which have no guiding significance and less helpful in the practice.Article 53 of the new Provisions on Evidence urges the parties to change their claims by themselves accroding to the process in the way of interpretation from the legal point of view,so as to protect the parties’ status as procedural subjects.Article 53 create a new standrad of interpretation,which would reach the double effectiveness,but there are new problems in the setting of exclusions.Chapter two focuses on the obligation of interpretation of legal views established in Article 53 of the New Evidence Provisions.The obligation of legal viewpoint interpretation is also called the obligation of legal viewpoint interpretation in civil law countries and regions,mainly to prevent the court from raiding the judgment legally.It’s connotation mainly includes pointing out content,application stage,legal effect and legal consequence.Secondly,it analyzes the relationship between the obligation of interpretation of legal viewpoint and the system of interpretation and the system of disclosure of judges’ heart evidence,and concludes that the obligation of interpretation of legal viewpoint should fall within the scope of the obligation of interpretation.Chapter three analyzes the application of article 53 from the practical level.It is found that there are two polarized phenomena in the interpretation according to this article in the law practice: one is negative judicial attitude,that is,the judge directly rejects the litigant’s lawsuit request after hearing the focus issue;the other one is the focus of the issue after the trial,to make all or part of the parties to support the judgment.By analyzing the reasons,it is found that the essence of the problem lies in the different results of the interpretation of the feature of legal relations under the theory of the old and new object of litigation.According to the new theory,there will be no change in the claim,only the change of the party’s attack defense means,according to the old theory,there will be a change in the object of action or claim.Therefore,in the context of the old litigation object in China,after the interpretation of the legal point of view,the judge also needs to decide whether to prompt the parties to change the litigation claim according to the specific situation of the case.The fourth chapter is about the concrete construction of the interpretation rules of this article.At the beginning,the judge should stick to the basic principles of judge’s interpretation when applying this article.Secondly,it also depends on the perfection of the standard level,which mainly includes the following aspects:implementation requirements,application situation,interpretation content,application time,legal effect and legal consequences.Finally,it is necessary to establish guiding cases to strengthen the guidance of judges,and the conversion between simple procedure and ordinary procedure is needed.