Distraction and Reconstruction of Power of Judger’s Clarification
|School||China University of Political Science|
|Keywords||power of judger’s clarification commanding rights value of litigation litigation phase efficiency of action|
Power of judger’s clarification is the method of the case’s self-managing to the judgers, and it is necessary in every trial. So it is always mentioned in the trial more or less. It is a bridge which connects the judges and the parties. There is big value to discuss this system. Power of judger’s clarification is a dual-blade sword, and excessive clarification will lead to unfair sentence. So the judge must handle the scale of the clarification. The clarification also needs the judges to be enough knowledge of law spirit. In case the judge goes through the level of equal, it will disobey the spirit of the law maker’s thought.Today it is very important to explain the judge’s clarification, especially under the condition of the judicial innovation ceasing. How to make every lawsuit fairly and effectively resolved, how to safeguard parties’ legal rights, is what we need to think about. And the clarification system can effectively resolve these questions. It looks like this system is theoretically and practically useful in advancing the lawsuit carrying through.This essay is concerned about the current system and based on looking into the abroad lawmaking experience. Then we can discuss how to construct our clarification system and how to perfect inner system. I hope this essay is useful for current innovation of civil procedural law.This essay focuses on the spirit of the litigation about power of judger’s clarification. Firstly I will discuss the functional theory of power of judge’s clarification. And I also introduce how this system runs in other countries and Taiwan of china. Secondly I will discuss the value of clarification, including the justice merit and the efficiency merit, and how to search a balance between them. Based on these discussions, we forwardly discuss about the relationship between the power of judger’s clarification and litigation mode. Thirdly I will discuss the scale, including the space, time and things of the power of judge’s clarification and so on. In the fourth part I will point out the flaws about the current law. At last, I will make some methods and orientations of the innovation of the power of judger’s clarification.