The Limits Of Judges' Explanations In Civil Proceeding

From the point of view of the world,the judge interpretation is in the important position of the civil litigation theory and legislation of the mainland law system country,which is used to revise and realize the litigation purpose of fairness and justice.Nowadays,China’s civil litigation mode has turned to the litigant doctrine,and the status and relationship between judges and the parties have changed greatly compared with before,and the dynamic role of judges is limited.In order to realize the purpose of civil litigation in China,our need for judge interpretation arises from this,which needs to be developed and improved in theory and legislation.According to the current legislative situation of China,the provisions explained by judges are not systematic and scattered in a variety of relevant judicial interpretations and legal documents.In the specific cases of judicial practice,there are many problems in the judges’ exercise of interpretation,and the most important problem is that the interpretation is not clear boundaries and the lack of standards to be followed.Judge explain the correct exercise is directly related to the perfection of the civil litigation system and the realization of judicial justice,so in order to make the judge explain specification in judicial practice,give full play to its system purpose and role,need on the analysis of basic theory of interpretation system for our judicial system background to divide the judge explain reasonable boundaries.This paper mainly studies the basic theory,clarifying the theoretical basis,analyzes the existing problems of the existing legislation and judicial practice,draws the legislative experience and theoretical achievements,proposes the basic principles and diversity goal as the principle boundary standard,classifying the main content and scope of the interpretation,and discussing the standardization from many aspects.It also advocates the formulation of special interpretation judicial interpretation to reasonably layout the specification of interpretation,and finally combine the interpretation to guide cases and case retrieval to jointly improve the boundary of interpretation in judges’ civil litigation in China.