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释明权是民事诉讼中一项非常重要的制度,其理论基础是辩论主义。在诉讼进行过程中,法官通过释明权的行使,促进法官与当事人的沟通,使实体正义和程序正义获得实现。但是目前我国对释明权制度的理论研认识比较模糊,立法规定也很粗略,本文通过对这一制度的梳理,以期对释明权制度的研究有所裨益。
The right of interpretation is a very important system in civil litigation. The theoretical basis is debate. During the process of litigation, the judge promotes the communication between the judge and the litigant through the exercise of the right of interpretation, so that the substantive justice and procedural justice can be realized. However, at present, our understanding of the theoretical interpretation of the system of right of interpretation is rather vague and the legislative provisions are also very sketchy. In this paper, through the review of this system, it is helpful to study the system of right of interpretation.