A Study On The Power Of Interpretation Of Civil Judges

With the continuous development of in the context of the reform of the judicial system,the role of the right of interpretation in the judicial field has gradually become prominent power of interpretation in practical practice.The significance of studying the judge’s power of interpretation is that through the judge’s interpretation of evidence,legal provisions and other related issues,it can help the parties to understand the provisions of the law and the results of the judgment,and ensure judicial fairness and rationality.Only by giving full play to the application of judges’ power of interpretation in specific cases can judicial efficiency and justice be improvedAt present,there are insufficient theoretical studies on the power of interpretation of judge,compared with the civil law system countries,lack of system norms,there is a lower legal rank,the judge exercise power of interpretation has not the uniform standard and the problem of improper interpretation.Besides,compared with Germany and other civil law system countries,there are some gaps in the legislation of the remedy of improper release of light.Without relevant relief measures,it is difficult to realize the right of interpretation in the true sense.In judicial practice,judges can make subjective judgments on whether and to what extent interpretation should be carried out according to their own practical experience.Therefore,different judgment results may result in the same case,which not only damages the protection of litigants’ rights and interests,but also damages the judicial authority.By expound the basic theory of the judge’s power of interpretation,including the basic connotation and legal nature of the judge’s power of interpretation,the historical evolution of the system of the power of interpretation,the classification and value of the power of interpretation,the paper tries to analyze the standardization of the judge’s power of interpretation from the theoretical level.At the same time,it chooses the civil law system,the common law system and the extraterritorial system of the judge’s power of interpretation as the reference.To explore the legislative gap with countries outside the region.From the current situation of the system of the judge’s power to clarify,to discuss the problems of the power to clarify in legislation,such as low legal rank,unclear applicable principles,lack of relief mechanism,as well as the exercise way in judicial practice is not uniform,the limit is not clear,the existence of improper clarity situation.Finally,the paper puts forward some suggestions on improving the system of judges’ power of interpretation,including the suggestions in the legislative level and clarifying the scope and exercise way of judges’ interpretation,as well as the remedy mechanism for improper interpretation.