Research On The Judge's Right To Interpretation In Civil Litigation

The system of judge’s power of interpretation is an essential part of civil procedure system of civil law system.In typical civil law countries such as Germany and Japan,the system of judge’s power of interpretation has been perfected.Moreover,the common law system also has a system similar to the system of judge’s power of interpretation.With the progress of judicial reform in China,the mode of civil litigation in our country has gradually moved from the super-ex officio doctrine to the adversary system.In the judicial practice,although our country has not formed the litigant doctrine lawsuit pattern,there are also some malpractices under the litigant’s litigation mode,such as,the process of litigation due to the dominant position of the parties in the litigation process is slow,judge raids judge and so on.This needs to be amended by the system of judges’ rights of interpretation.However,the theoretical research foundation of the system of judge’s interpretation right in our country is weak,the legal provisions are not complete,and there is no systematic system of judge’s interpretation right system.This is not conducive to the exercise of the judge’s power of interpretation,is not conducive to the realization of judicial justice,but also makes many problems in judicial practice difficult to solve.Therefore,this paper firstly analyzes the basic theory of the system of judge’s interpretation right,and compares with some systems similar to the system of judge’s interpretation right,and points out the necessity of establishing and perfecting the system of judge’s interpretation right in our country on the basis of combining with the judicial practice in our country,and finds out some suggestions to perfect the system of judge’s interpretation right in our country.