The Research Of Judicial Interpretation System In Civil Litigation Of China

The judicial interpretation system originated from the German civil procedure law and is a basic system in the civil procedure law of civil law countries and regions.In the legal system countries,the civil law countries also created a similar system.The judicial interpretation system is mainly to balance the litigant’s litigation rights and interests,is the amendment of the litigant doctrine,is the supplement of the argumentative doctrine.In our country,no matter in the legislative level or in practice,there are still some problems to be perfected in the judicial interpretation system.Based on the introduction to the theory of the judge cohabitancy,this paper briefly describes the outside cohabitancy system and judge the scope and boundary of judicial interpretation,and then draws the enlightenment to our country judicial interpretation,examines the current laws and regulations of the provisions of the civil lawsuit system cohabitancy judge,and the Supreme People’s Court in recent 10 years were analyzed in civil lawsuit system cohabitancy judge judicial documents,and research on 904 valid sample data are classified,and further discusses the cohabitancy system problems existing in the current situation of the development,in order to cohabitancy system to our country civil procedure law in the direction of the reform and perfect suggestions are put forward.As with the disciplinary right of the parties and the type of the Principle of debate,the judge cohabitancy system is involved in power between the parties,the parties and the judge to reconcile and solve the wrong information,such as correction mechanism,based on the research of the system of judge cohabitancy for parties and the court to provide a better communication mechanism,the balance of power between parties tend to be,better protect the litigation rights and interests of the parties,so that people can better realize the judicial fairness and justice,with a court will not because the wrong information,such as reasonable cause for legal referees don’t understand,less annoying "alarm" problem of the people’s courts at all levels.The in-depth study of the judge interpretation system will not only provide more theoretical basis for the improvement of the system,but also provide more possibilities for its application.The theoretical research on the judicial interpretation system in China is relatively lagging behind,and it has been in the trial mode with the core of archivist for a long time.The role of the court hearing has not been fully reflected,which has a lot of room for progress compared with the "judication-centered" required by the national judicial reform.Difficult to show the value of the judge interpretation and to judge cohabitancy system in our country,the application of the time is not long,our country represented by the Supreme People’s Court of the people’s courts at various levels of cohabitancy adaptation to the judge,there are "can’t use,don’t want to use,don’t know how to use" problem,thus consummates our country judge cohabitancy system,looking for the judge cohabitancy reasonable boundary,at all levels to make the judge better applicable in civil litigation cases the referee judicial interpretation,and ensure that the parties in civil litigation can realize fairness and justice in a jurisdiction.This paper is divided into five chapters,the logic is simple and clear can be referred to as the beginning,the succession,the turn,the four parts.The specific contents are as follows:The first part includes the first and second chapters.First chapter,a brief introduction such as macro concept,and in this paper,research methods and innovations,and cohabitancy theory basic is introduced,and the writing intention and significance of this article,the second chapter,the judge cohabitancy overview,discusses the basic theory of judicial interpretation,to outline the system of judge cohabitancy the etymology of the connotation of evolution,the judge cohabitancy system,the legal nature of the judge cohabitancy debate and puts forward the author’s opinion,and introduces the classification of the judge cohabitancy.This paper analyzes the relationship between the judge interpretation system and the civil trial reform.The third chapter explains the historical evolution of the system and makes a comparative analysis.This paper introduces the legislative origin and practice of the judicial interpretation system in Germany,Japan and the United Kingdom and the United States of America.The fourth chapter,through the involves the system of civil litigation cohabitancy current laws and regulations,judicial interpretation and the Supreme People’s Court in 2010-2019 904 nearly 10 years of relevant judicial documents research,closer to the judicial practice,a more practical significance to explore the judge cohabitancy system in civil lawsuit legislation present situation and the judicial present situation,reveals the existing defects.In chapter 5,I will respond to the problems raised in the previous chapter and put forward Suggestions for improvement.Improve the specific rules of the judge interpretation system.First,you should clear the judge cohabitancy principle,namely in the civil lawsuit legislation to explore the meaning,abide by the judge neutrality,honesty and credit for the principle,the assignment may be the boundary ofjudicial interpretation of the judge in our country,indicted pretrial stage,pre-trial preparation stage,trial stage three stages as the clue,perfect cohabitancy exercise time and way.Based on this logic,the author further puts forward the corresponding remedy way under the judge’s improper interpretation,so as to make the judge’s interpretation system more complete.