The Judge Interpretation Right In Civil Procedure

The judge interpretation right is a very important system in the Continental law system. The system’s purpose is to make up the litigation unfairness and delay caused by the complete adversary system, ensuring the two parties to participate in the litigation equally to solve the civil dispute. Not only the Continental law system but also the Anglo-American law system strengthens the management function of the judge in the process of judicial reform. Now our country is making a transition from inquisitorial system to adversary system. So it is significant for us to introduce and learn from judge interpretation right to avoid the drawbacks of the adversary system. The judge interpretation right is transplanted to our country, so it lacks of solid theory basis at home. Therefore, combining our national conditions is crucial for us to construct and perfect the Judge interpretation. Given that, this article made a study about judge interpretation right from the following three parts.The first part:the overview of the judge interpretation right. The concept, legal nature of the judge interpretation right as well as the related views are introduced. On this basis, the theoretical basis of the judge interpretation right is further analyzed in this part.The second part:situation analysis of the judge interpretation in our country. This part introduces current situation of the judge interpretation right from legislation, judiciary, theoretical study these three aspects, and points out the existing problems in our country.The third part:perfecting our country’s judge interpretation right. This part analyzes the necessity to establish and perfect the judge interpretation right from universality and specificity first, and then describes the importance of building adversary system, at last discusses specific conceptions about how to construct and perfect our country’s judge interpretation right from principle, extent, legal relief and judge’s quality.