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我国民诉法并未规定法官释明权,然而,这一概念却在审判实践甚至法院的文件中频频出现。这一动向昭示着司法实践存在对释明权制度的客观需求,同时也暴露出许多理论认识上的模糊与混乱。在我国,长期以来无论从理论研究上,还是在实务操作中,对释明权的重视程度均不够。完善我国有关的法官释明规范,是民事诉讼法修改的一项重要内容。
However, the concept of Civil Procedure Law in our country does not regulate the interpretation of the judge. However, this concept appears frequently in trial practice and even in court documents. This trend indicates that there is an objective demand for the system of interpretation of the judicial practice, and at the same time it exposes many vague and confusing theories. In our country, for a long period of time, both the theoretical research and substantive operations have not paid enough attention to the right of interpretation. Perfecting our country’s relevant judges’ interpretation of norms is an important part of the revision of the Civil Procedure Law.