| The judge’s right of interpretation originated in Germany and is an important part of the civil judicial system of the civil law system.Its purpose is to clarify the facts of the case and the claims of the lawsuit.The judge’s right to interpret plays an important role in promoting communication between the parties and the court,preventing the court from raiding judgments,maintaining substantive justice,and promoting judicial reform.Compared with other civil law countries,the theoretical discussion of judges’ interpretation rights in my country started relatively late.At the legislative level,the relevant legal provisions on the right of interpretation in our country are relatively scattered,the scope and standards of interpretation by judges are relatively vague,and the exercise of the right of interpretation by judges has not been institutionalized.At the level of judicial practice,because the boundaries of judges’ interpretations are not clearly defined,the phenomenon of improper interpretations by judges emerges one after another,resulting in a chaotic situation in judicial practice.Based on the current problems such as the ambiguous scope and standard of interpretation of civil litigation in my country,the lack of systemic and operability of relevant regulations,and the lack of remedies for improper interpretation,this paper analyzes the current situation of legislation and justice,analyzes the litigation model in my country,and draws lessons from the mainland.The useful experience of the legal system countries,so as to determine the principle of interpretation,and use the quintile to clarify the specific application of interpretation,improve the remedy for improper interpretation,and institutionalize the right of interpretation in our country.the value of litigation. |
