Research On Civil Procedure Interpretation System

The term of Interpretation is a truly "exotic" for our country.It originated in Germany, began development and evolution from relevant legislative practice and theoretical research in the Continental Laws.Interpretation System was given the reputation of "to protect the rights of the parties Magna Carta", there are special provisions in the Civil Procedure Law in many Western countries.Our country have a late start in the interpretation of rights theory, research theorists interpretation right basic still stuck at the level of Continental Laws and theories presented.Combining reality and in-depth studies are introduced from the concept of Interpretation so far,scholars have been trying to promote extraterritorial Interpretation System Theory and our practice of justice, but in line with innovation in the construction of our judicial system still needs practice achievements and further development.This paper introduces and studies the relevant provisions of the interpretation,at the same time classifies and refines the past academic theory and argument which were debated,thus further discussions and issues raised demonstrate the author’s interpretation of civil litigation system,with a view of the system improvement to reform the judicial system in the critical period of our country to build a little humble.This paper begins with the basic theory of Interpretation System,from interpretation’s concept,character and function to start to clarify the basic theory of the Interpretation System,then analysis the theory of the relationship between litigation command, adversary doctrine and principle of disposition and the Interpretation System;the next simply make a presentation of the Interpretation System in civil law and common law extraterritorial development and comparative analysis; then analyze the system’s interpretation of legislation and judicial practice in China in the current situation and the reasons for not exercising the right of interpretation correctly; and then make some recommendations in the final, perfecting the content and enact relevant supporting measures to improve Interpretation System.In order to guide the efficient conduct of civil litigation and protect the person’s equal right to participate in the proceedings,and ultimately achieve justice,harmonious society of rule of law modernization goal,as a strong legal awareness of law person, we need to explore new ideas and take controversial issues in the reality and emerge issues in deep consideration.Thus harmoniously solve the civil action in the exercise of the judge’s interpretation right finally,improve the Interpretation System which suits the characteristics of Chinese Judicial early.