Right To Explain The Judges In A Civil Action

Judge's interpretation right is one of the most important systems existed in civil procedure of continent law. In our country, constructing of 'interpretation right' has its special significance. However, relevant disputes taken place in theory realm and practice is still insufficient, it should be more difficult to find out authoritative illustration. Therefore, as a judge of civil chamber at Beijing Senior Court, author here tries to interpret judge's interpretation right combining with experience from civil trial.In the paper, author might reveal various theories of interpretation right, including terms and categories, for the purpose of illustrating that interpretation right is not only the right of judge, but also the duty of judge in civil procedure. Author believes that comprehending of interpretation right should begin with the analysis the two different models of civil procedure. Interpretation right derives from disparate legal traditions of disparate legal systems, has been fast connected with debate principle, and been one of the limitation and supply to the principle on the other hand. In author's point of view, interpretation right overlaps traditions of debate and inquirere principle, presents the advantage of above mentioned principle without relevant shortcoming of them. Furthermore, author illustrates the background and traditional conditions of occurrence of interpretation right, enumerates various stipulations existed in different legal systems. In this part, author gives emphasis on the analysis about functions of interpretation right, and holds that the application of interpretation right should be benefit to the realization of justification of entity and procedure, and the promotion of civil efficiency.At the second part of this paper, author introduces the current legislation and legal practice in China, and demonstrates the necessity of interpretation right's construction in our country. On the basis of academic analysis, combining with legal practice, author ought to illuminate the common principle of interpretation right, the stages, the methods, the scope of the application of it, and supposes the remedy of wrong interpretation right, the relationship between the right and the promotion of judges' qualities.