Re-understanding Of Interpretation Rules In Civil Procedure

The rule of interpretation in China’s civil litigation is based on Article 53 of the Provisions on Civil Evidence,which is also reflected in the Minutes of the Ninth People’s Congress.The rule of interpretation of Ming Dynasty has been improved and revised on the basis of Article 35 of the original Civil Evidence Regulations.However,in theory and practice,it still faces many disputes and puzzles.In order to further clarify the controversial issues and provide a solution to the problem of inconsistent judgment views,this paper,by combing the relevant theories and combining with the demonstration of relevant judicial practice cases,holds that the court’s interpretation scope should be based on the principle of debate,and the disputed legal relationship and the effectiveness of civil acts should be brought into the focus of the case,and whether to inform the parties to change the litigation request should be decided according to the basic situation of the case,and attention should be paid to changing the correct interpretation method of the litigation request to prevent the occurrence of improper interpretation such as excessive interpretation.In addition,the legal consequences of improper interpretation and the way the parties refuse to change their claims after interpretation should be dealt with separately according to the specific interpretation situation.The thinking of solving the problem put forward in this paper is conducive to accurately understanding and applying the interpretation scope of the court and the relevant judgment rules in practice,and to achieving the multiple goals of fairly protecting the legitimate rights and interests of both parties and solving disputes once and for all.This paper is divided into five parts in content.The first part is an overview of civil litigation interpretation,which systematically introduces the meaning,nature and significance of interpretation.The second part is the normative interpretation of the rules of interpretation in civil proceedings,and analyzes in detail the specific provisions of the rules of interpretation in the Provisions on Civil Evidence and related legal documents.The third part is the analysis of the scope and mode of interpretation,and defines and discusses the reasonable boundary of the scope and mode of interpretation applied by the court in combination with relevant judicial cases.The fourth part is the re-examination of the legal consequences of interpretation,combining with relevant judicial cases,discussing the relevant legal consequences of improper interpretation by the court and the refusal of the parties to change the litigation request.The fifth part is a comprehensive review of the whole article.