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Comment on the Interpretation Right System in China

Author: ChenZhiFeng
Tutor: ShaoJun
School: East China University of Political Science
Course: Legal
Keywords: Right to Explain Mode of action Principle of Debate
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 48
Quote: 0
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Abstract


The interpretation right system originated in Germany, followed by France, Japan and other civil law countries and regions have established Interpretation Rights, making it a basic system of civil law countries, civil litigation system. The mode of action of the adversary system, too much emphasis on the negative neutrality of the judge, to weaken the authority of the judge, resulting in litigation delay, increased costs, and even entities injustice. Interpretation Rights as a necessary complement to adversary proceedings mode, if the exercise is appropriate, can effectively overcome the shortcomings of the debate on the principles of principles and sanctions, improve judicial efficiency, maintain judicial impartiality. In China, the the deepening civil trial mode reform, to promote China's civil action mode from Power of transition to a new mode of action. This new mode of action is more emphasis on the participation of the parties, the judge is no longer arranged cases. However, this does not mean that the judge is completely negative and neutral referee only according to the claims of the parties and the burden of proof on the contrary, asked the judge to appropriate interpretation when necessary, to assist the parties to proceedings, which found a real case, just referee, to improve the efficiency of the trial. Issued by the Supreme People's Court on December 21, 2001 on a number of provisions of the Civil Evidence \Interpretation Rights introduced. However, China's current legal provisions related to the interpretation right and very few, has not yet formed a perfect interpretation right system, resulting in practice judges exercise there is no uniform interpretation right scale. In this context, the building the interpretation right system suitable for China's civil litigation system is particularly important. This article mainly consists of three parts. The first chapter is an overview of interpretation right, the value of the concept of the right interpretation, the nature of the interpretation right, the interpretation right types and the Explanation rights. The second chapter first analyzes the status quo of China's interpretation right legislation, and pointed out its shortcomings; Secondly, the exercise of judicial practice in the interpretation right, based on analysis of the judge failed to properly exercise of interpretation right. Chapter Construction of Interpretation Rights some ideas, including the principle of interpretation exercise of the right interpretation exercise of the right range, interpretation exercise of the right of the stage and interpretation exercise of the right safeguards. I am sure, With Our Civil Trial Reform promote, establish the judges interpretation right system will balance litigation ability of the parties to achieve the procedural and substantive justice and improve the effectiveness of the proceedings and other aspects play an important role.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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