Improper Interpretation And Relief Path

The interpretation right system as a procedure system of the Continental Legalsystem countries and regions, reflects the procedural justice of the judicialidea.Interpretation right of a lawsuit as a judge of command shall be clearly defined inmany western countries and regions of the Civil Procedure Law. However, thecurrent Civil Procedure Law does not rise to a basic procedure system for clearlydefined in China. Law article related to interpretation is only sporadically scatteredamong several judicial interpretation. It can be said that the interpretation-relatedlegislation is missing.Thus, interpretation system is immature in China. It is still inthe exploration and construction. Since the exercise of interpretation right influencedby the subjectivity of judges, there is excessive or negative interpretation of thecircumstances in judicial practice. It also produces a lot of the phenomenon ofimproper interpretation which damaging the party’s procedural rights. This is notconducive to a fair administration of justice, but not conducive to social stability.Therefore, we need to study this phenomenon and propose relevant relief path.This article from an improper interpretation of commercial cases are remanded tocommence，it is divided into four parts to elaborate. The first part of the literaturereview obtains that interpretation right is a judge’s obligation by means of analyzingand clarifing the conception of interpretation system，the basis of the Civil ProcedureLaw, the nature of interpretation. Interpretation of the exercise should be based onfacts and law as the criterion. Also, it notes the topics and innovations of this papermainly through comparing several typical countries research situation of improperinterpretation between the Civil law and Common law. The second part defines andexplains the concept of the improper interpretation, and obtains the four types ofimproper interpretation meanwhile defines identity standards. The third part dissectson the interpretation system of legislative and judicial practice status of the currentsituation in China, and finds the cause of improper interpretation of objective andsubjective reasons, and puts forward the main difficulties of implementation of theinterpretation of the current system. From the analysis of the dangers of improperinterpretation as a starting point, it points out that improper interpretation has malpractice of damaging justice, reducing economic efficiency and lossing socialfunction, also demonstrates the necessity and positive significance of establishingrelief system of improper interpretation. The fourth part clears the relief path ofimproper interpretation. China’s relief path of improper interpretation should includebuilding afterwards relief mechanism and advance preventive mechanisms in terms ofboth.Later relief mechanism includes that the parties which can be taken to raiseobjection, filed an appeal and applied retrial way. The court may take the way ofmaking up behavioral defects of first acts through subsequent behavior and starting upprocedure for trial supervision. The procuratorate may take the way of protesting forrelief. Beforehanded prevention mechanisms includes improving legislation,strengthening supervision over the interpretation,introducing the interpretationsanctions and improving the quality of judges in order to reduce the improperinterpretation of Civil Procedure and to achieve the correct interpretation, thus it canprovide an important safeguard of achieving civil justice.