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阐明权在司法实践中的应用,有利于化解当事人主义诉讼模式下法官与当事人的信息沟通障碍,避免当事人之间因诉讼能力的差距导致实质不平等的情形。阐明权源自西方法治国家,近年来引入我国,其立法现状与司法实践尚不够成熟。文章拟从阐明权的概念、行使范围、行使程度与行使方式四个方面展开论述,借此抛砖引玉,希冀能够对基层民事审判实务的发展有所助益。
Clarifying the application of power in judicial practice is conducive to resolving the obstacles of information communication between the judge and the parties in the litigation mode of litigation and avoiding the inequality between the litigant and the litigant as a result of the gap in litigation ability. To clarify that the power originated from the western countries under the rule of law and introduced into our country in recent years, the status quo of legislation and judicial practice are not yet mature enough. The article intends to start from four aspects: clarifying the concept of power, the scope of exercise, the degree of exercising and the mode of exercising, in order to offer advice and suggestions in the hope of being able to help the development of grassroots civil trial.