System Of The Explanation

The judge interpretation is an important system in the civil proceedings of the Continental Law. After over 100 years development since its coming into force, this system has extended to help litigants to understand the law applicability process for the Judge and work in coordination to discover the"law"for cases hearing through the publicity of the Judge's evaluations of evidence , from the Judge giving hints to the litigants to rectify imperfect statements and declarations and make up for the disadvantages caused by the nominal equality of litigants under dialecticism and the principle of discretion. The emergence and development of judge interpretation reflects the trend of strengthening the power of Judges in the civil proceedings of countries and regions under the Continental Law. However, it doesn't mean the proceedings have undergone fundamentally structural changes. The judge has to execute his right of judge interpretation within the extent of dialecticism and disposition doctrine, which is in contrast with the disposition system under the judge-dominant proceedings mode. Currently the Chinese civil proceedings are undergoing the legal reform of institutional significance, aiming at the transformation from the Judge-oriented proceedings to litigants-dominated proceedings. With the establishment of litigants-dominated proceedings, China should introduce the system of judge interpretation in order to prevent from the negative neutrality of the Judge under the absolute litigants-dominant proceedings in the history of the Continental Law.This paper can be divided into four parts except of the introduction and conclusion parts, with the length of about 37,000 words.The first part: the brief account of the judge interpretation.Beginning with the definition and nature of the power of judge interpretation, and exploring the supportive legal theories for the emergence and development of the judge interpretation by combining the evolvement of the judge interpretation system in the Continental Law, I hypotheses the judge interpretation is the real litigation commanding power of the Judge, which can serve as the theoretical foundation for the further elaboration of the relationship between the judge interpretation and proceedings.The second part: the comparative research on the judge interpretation.By examining the examples of legislation in countries and regions of the Continental Law, I will make the brief description of the variety, the extent of the applicability, the period of applicability, ways of execution, effects and control mechanism in order to summarize the differences and similarities of rules and practical functioning of the judge interpretation.The third part: the judge interpretation and the Chinese civil proceedings.On the basis of the discussion on the theories of judge interpretation in the previous part, I will further disclose the relationship between the judge interpretation and legal proceedings. I will differentiate it from the responsible notification system under the judge-dominant proceedings and clearly point out that the institutional prerequisite for China to build the judge interpretation system lies in the complete transformation to the litigants-dominant proceedings, that is, the construction of dialecticism and the principle of discretion.The fourth part: the envisage of the construction of the Chinese judge interpretation.I will put forward some suggestions on the aspects of the basic principle, extent of applicability, the legal outcome and guarantee mechanism which should be adhered to in the execution of the judge interpretation.