The Type Of Regulation And Improper Interpretation

"Interpretation" first appeared in 1877 in the "German Civil Procedure Law", after more than 100 years of development and perfection, has become the civil procedure in civil law countries an important basic system, and even referred to as "the maintenance of the rights of the parties of the great charter". However, in our country "s civil procedure law has not clearly defined the system, only in some relevant judicial interpretation provisions, it can be said is the lack of China’s civil legislation on."With the" certain provisions "the Supreme People’s Court on evidence in civil proceedings in the introduction, our civil procedure law circle of interpretation system has always maintained a high attention and made a lot of research, but so far it is still in a system, the immature state of. Investigate its reason, on the one hand is because our country of the interpretation of a late start, there are a lot of mistakes in understanding, controversy still exists but also the research of related problems; on the other hand, due to the lack of clear legal provisions, resulting in around the court on the interpretation of the operation of a greater difference, affected the unity of the judicial application the. At the same time the judges when affected by subjective factors, there are improper interpretation of the situation, thus damaging the legitimate interests of the parties, this is undoubtedly the establishment and interpretation system is opposite to the original intention.No doubt, the establishment of the judge interpretation system as soon as possible is consistent with the change of China’s civil litigation system reform and the trend of the pattern of civil litigation. Introducing this system in our country at the same time, it should discard the dross and select the essence, so to the behavior of Aufklaerung regulate and perfect the improper interpretation way of relief is very necessary. Also makes the study of this proposition has a special theoretical significance and practical significance in our country.This paper mainly consists of four parts:The first part is the summary of the interpretation system. The author, by arelated case leads to the concept of "interpretation", mainly discusses thedefinition, nature and the specific application interpretation in Chinese civil procedure law.The second part describes the concept of improper Interpretation and metrics for improper conduct type Interpretation of analysis, the next major release of improper performance of lazy Interpretation, Interpretation and error over three kinds of Interpretation.The third part discusses the hazards of improper Interpretation result, and from the legislative level and the judicial level two aspects to analyze the causes of improper Interpretation.The fourth part focuses on the regulation of improper Interpretation path. The author first explains the necessity of regulating improper Interpretation, Interpretation and thus considered inappropriate by the basic principles of civil litigation, litigation and the command of the party’s right to appeal the judge’s three aspects to regulate.