On The Improvement Of The System Of Interpretation Of Judges In Civil Litigation In China

Judge interpretation refers to the judicial practice,the judge in the clear and accurate,the parties can not state their demands and opinions,or did not provide sufficient evidence of its claims,through targeted questions,inform and guide to their prompt,to determine its true meaning and to fulfill the burden of authority behavior.In theory,the judge interpretation is divided into positive and negative interpretation and interpretation of legal and the interpretation of other types of facts.Judge interpretation can prevent the judge referee raid justice,balance the interests of the parties and the realization of substantive justice and improving the efficiency of lawsuit and lawsuit value.Our law does not make detailed provisions on the judge interpretation,but there are many aspects in the relevant provisions of the judicial interpretation.In fact,our country has already existed Aufklaerung system,only the implementation of system deficiencies.The interpretation of judge system in civil litigation in China has the following problems: the existence of illegal illegal behavior explanation or interpretation in the interpretation of the judge interpretation;lack of illegal sanctions;the lack of effective relief mechanism of the behavior of Aufklaerung illegal;procuratorial organs procuratorial supervision problems such as lack of effective.Perfect the judge interpretation system in our country from the following aspects: first,the need to regulate the scope and timing of the judge interpretation in accordance with the law;second,the provisions of the law judge interpretation needs sanctions;third,the parties need to improve the relief mechanism of the judge’s interpretation;fourth,we need to strengthen the supervision of the law judge interpretation of procuratorial organs.Perfectingthe judge interpretation system in our country on the one hand can make the parties in the proceedings to fully exercise their rights,based on the other hand can make the judge based on justice,more fully perform their functions,and better safeguard judicial justice.