Research On Judge Interpretation System In Civil Procedure Law

Judge interpretation system is an important system of civil procedure law in civil law system.With the transformation of civil procedure mode and the continuous promotion of judicial system reform,this system has gradually become one of the focuses of academic and practical circles.The judge interpretation system can guide the parties to participate in the litigation,help to strengthen the communication between the judge and the parties,promote the effective dialogue between the two sides and jointly find the truth of the case.However,the judge interpretation system has not been clearly stipulated in China’s law.There are only sporadic interpretation provisions in the judicial interpretations,and there is a lack of systematic norms of judge interpretation,which leads to the uncertainty of judges in the exercise of interpretation in judicial practice.The judges of various courts have different attitudes and practices on whether they can interpret the change of claim,whether they can interpret the counterclaim,and whether they can interpret the adjustment of liquidated damages.The main reasons are the lack of systematization of Interpretation Legislation,the uncertain nature of interpretation,the unclear scope of application of interpretation,the unclear boundary of interpretation exercise and the difficulty of regulating improper interpretation.Therefore,we should focus on the crux of the judge interpretation system,improve the legislation of the judge interpretation system,determine that interpretation has the dual attributes of rights and obligations,and clarify the overall scope of interpretation application from the six aspects of litigation claim,litigation subject,evidence interpretation,defense right,law and procedural matters,and on this basis,define it into the three forms of "must explain","should not explain" and "can explain",At the same time,from the perspective of the classification method of positive interpretation and negative interpretation,further limit the boundary of interpretation,so as to establish the boundary of judge interpretation with both hardness and softness.The regulation of improper interpretation mainly starts from the subject of litigation activities,namely the judge and the parties.We should not only clarify the legal responsibility of the judge’s improper interpretation and comprehensively improve the judge’s judicial ability,but also establish the relief ways of improper interpretation for the parties,so as to form the corresponding restraint and supervision mechanism,in order to give full play to the due function of the judge interpretation system.