The Probe Into The Hermeneutic Right In Civil Action

The hermeneutic right derives from the theory of civil action in the countries of continental law system. It is the embodiment that the doctrine of function and power and the adversary system interlock. The hermeneutic right has close relation with both the doctrine of function and power and the adversary system. The unique position of the hermeneutic right has determined the abundance of its values. And then, the hermeneutic right presents its unique glamour in action. The enforcement of the hermeneutic right is a key problem on research of the hermeneutic right. And then the degree of enforcement of the hermeneutic right is the even more important thing that we study. No matter that the macroscopic guided principle and the microcosmic concrete demand on operation the judge will follow, the enforcement of the hermeneutic right must let them exercise functions and powers to seek the parties'real idea while they follow the adversary system. All these can make the parties and the judge advance the process of action together and solve the civil disputes more rapidly, more justly in a more all-round way. Foreign countries and Taiwan of our country study early on the hermeneutic right. But the relevant research of the mainland of country has just started, and has not really formed the system of hermeneutic right. The deepening of judicial reform, conversion of action pattern and modification of the civil procedure law have all offered the good opportunity to construct the system of hermeneutic right. So it seems particularly important to carry on further research on the hermeneutic right. The text is divided into three chapters mainly. Chapter one has analyzed the hermeneutic right from the angle of legal principle to form an overall assurance about the system of hermeneutic right. Chapter two has carried on an exhaustive analysis on principles, demands, contents, ways, procedure, legal results and relief ways about the enforcement of hermeneutic right, All these have offered a concrete standard to the judge. Chapter three has not only elaborated the current state of the hermeneutic right in our country, but also put forward my own idea on how to construct the system of hermeneutic right.