On Building Of The System Of Judge's Power To Clarify In The Harmonious Litigation Pattern

The system of judge's power to clarify is a important legal system in civil law, it plays an important role in protecting the parties' rights and promoting civil suit smoothly. As the implementation of《Evidence Rule》, our country has started practice related with judge's power to clarify. The theoretical researches on judge's power to clarify gradually become a hot topic in civil litigation specialty.This paper composes of three parts.In the first part, it put forward the concept of procedure mode of harmonious litigation pattern, and on the foundation about basic theory on judge's power to clarify, it discusses the effect—promoting justice and efficiency of the system of judge's power to clarify in procedure mode of harmonious litigation pattern.In the second part, it introduces the related systems about the system of judge's power to clarify in major countries and areas including Germany, France, Japan, and Chinese Taiwan which belonged to civil law, and also America, England which belong to common law. It emphatically analyses the enlightenment of judge's power to clarify in the two system of law to our country on the above basis.In the third part, it emphatically introduces building of the system of judge's power to clarify in the procedure mode of harmonious litigation pattern. It analyses current laws making situation, main malpractices in theory and practice about judge's power to clarify of our country in the part. It emphatically discusses modes of laws making, principles, scope and restrict system of exercises in order to settle the building problem in our country.