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在我国民事诉讼法并未明确规定释明权的情况下,近年来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要求,同时也暴露出我国许多理论知识上的混乱与不足。受职权主义模式的影响,我国释明权的行使存在诸多的弊病,法官权限过大,其职权的扩展—释明权—往往使庭审中双方当事人的力量对比出现明显不平衡的现象。本文试分析我国当前释明权的现状及存在的问题,并提出了相应的解决办法。
In our country, the Civil Procedure Law does not explicitly stipulate the right of interpretation. In recent years, this concept has appeared frequently in the trial practice and even in the court documents. This trend shows that there is an objective requirement for the judicial interpretation of the system of interpretation of power and at the same time reveals many of the chaos and lack of theoretical knowledge in our country. Due to the influence of the mode of official power, there are many defects in the exercise of the right of interpretation in our country. Excessive authority of judges and the extension of their power - the right of interpretation - tend to make the contrast of the power between the two parties in the trial appear obvious imbalance. This article tries to analyze the present situation and existing problems of the right of interpretation in our country and put forward corresponding solutions.