The Standard Measure Of The Right Of Interpretation In The Civil Trial

In the period of Liberal capitalism procedure for civil trail all around the world mostly take party litigant mode which means the litigation process is leaded by one party, respecting private law autonomy.Along with the social development to the monopoly capitalism period, the parties principles expose more and more disadvantages. For example, low litigation efficiency, the procedure will be hung up and so on. The judge’s interpretation is born at the right moment.The judge’s interpretation is originally used by Germany which posit the nature of judge’s interpretation as a right and then develop into the duty of the court to exercise.Therewith Japan and France use German judge’s interpretation for reference. Between them Japan has experienced a tortuous process on positing the nature of judge’s interpretation which finally posited it as the nature of positive interpretation with the procedure guarantee. If the judge misuse his or her interpretation the judgment decided by him or her would be rejected by Supreme Court of Japan.As the countries using the judgment of party doctrine litigant mode. Common Law system countries also have the rule of judge’s interpretation. But judge’s interpretation only used as a discretion and wouldn’t lead to specific legal consequences.Our country is now facing the abyssal zone of the civil procedure mode’s reform. On Februray4,2015 Supreme People’s Court’s interpretation of <civil procedure law of the People’s Republic of China> was put into implementation. But throughout the laws there is still lacking the detailed introduction of judge’s interpretation. The rules of judge’s interpretation in our country’s laws and regulations still concentrate upon <certain regulations of Supreme People’s Court’s civil procedure proof> and the rules are disperse and ambiguous which can not give certainly guidance to court so as to the judge misuse or abuse the interpretation right in his or her juridical practice frequently.The litigious value of judge’s interpretation include promoting substantive justice, procedural justice lawsuit efficiency and strengthening contacts between the judge and the parties so then it’s easier for the parties to measure judge’s decision and accept judgment that count against himself or herself.By introducing the concept, description, litigious value of interpretation and the fiction of formal admission, lawsuit prescription system introduce the relation between judge’s interpretation, dispositionsmaxime and verhandlungsmaxime so as to lead a basic orientation of judge’s interpretation.With introducing origin and progress of judge’s interpretation of Germany, Japan, France Which belong to Civil law system and common law system, compare and analysis their similarities and differences comes into a conclusion that judge’s interpretation is amendment of pure party control, party disposition right and argumentum. And sum up other country’s judge interpretation which can used by our country.After investigating the basic problem of judge’s interpretation there comes out interpretation’s prominent problem:misunderstanding concept of interpretation, the subject of interpretation, the way of different judge’s make interpretation, the range and degree of interpretation, using interpretation actively or excessive, how to solve the problem that judge’s misusing interpretation.The reason why there are always problems when using interpretation is about the production of interpretation, the standard of judge’s interpretation, traditional ideology, judge’s quality and so on.To be specific, by introducing mission, basic principle of judge’s interpretation in civil trial, the range, limit, way of interpretation, improper legal consequences of judge’s misusing interpretation, the relief of parties when meet with improper judge’s interpretation so as to put forward support measures of judge’s interpretation in civil trail.