Debate On The Problems And Perfection Of The Interpretation System In Civil Litigation

The provisions of our country on interpretation are scattered in various judicial interpretations,and systematic interpretation rules have not been formed,and there are some cases of improper interpretation by judges in judicial practice.The main reasons for the problem are that the reform of Chinese trial methods has not been promoted enough,binding debateism has not been established,and there is a lack of mature theories of interpretation.Interpretation has the attributes that both have power and obligation,and is a kind of judicial power of the court.When dividing the scope of interpretation,trichotomy should be adopted,that is,make sure it must be explained,it cannot be explained and it can be explained.When the facts of the case and legal facts are unclear,insufficient or inappropriate,the court must interpret it to make it clear;and the interpretation involving new litigation materials,only when there is a minimum hint by the litigants-the judge’s interpreting activities are within the scope of litigant’s intentions,they can be actively explained;the matters that cannot be explained are mainly the defense of rights,and the statute of limitations cannot be explained in our country.The interpretation should adhere to the principles which include legality,openness,fairness,moderation,and seeking the true intentions of the litigants.The methods of interpretation should be limited in the range of asking questions,enlightening and informing,and it is necessary to distinguish that different stages of litigation should focus different content of the interpretation: the stage of case filing mainly clarifies whether the litigants’ claims,facts and reasons are clear and specific,and whether the litigants are qualified or not.The pre-trial preparation stage mainly interprets the proof responsibilities which how to distribute.The distribution of responsibilities are suitable for specific cases and cannot be served in a generalized notice of proof;the court trial stage involves the court’s interpretation of the factual claims,the interpretation of evidence provided further,and the interpretation of legal opinions,so as to avoid the surprise judgments.A typological consequence mechanism should be established for improper interpretations.Any interpretations which violate facts and laws seriously should be used as the grounds that revoke the original judgment and remand for retrial.As for the slight program flaws,the actions that distinguish various cases in order to endow litigant’s rights for applying challenge and raising objections should be taken.In addition,judges should deal with it in time and make corrections.