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在民事诉讼中,法官适时、准确、恰当地行使释明权,有助于司法活动的实体公正、程序公正和效率保障。释明权作为保障案件实体公正和程序公正,并提升诉讼效率的重要手段,可以在诉讼活动中平衡双方当事人的诉讼能力并真正实现平等对抗。具有代表性的德、日、法等大陆法系国家相关法律中,都有针对释明权的确定性规定。本文以借鉴国外立法成功经验以弥补我国相关立法不足为出发点,对我国释明权制度进行了初步的分析和探索。
In civil lawsuit, the judge timely, accurately and properly exercise the right of interpretation, which is conducive to the fairness, procedural fairness and efficiency of the judiciary. As an important means to protect the substantive justice and procedural fairness of the case and enhance the efficiency of litigation, the right of interpretation can balance the litigability of both parties and truly achieve equal confrontation in litigation activities. The representative laws of civil law countries such as Germany, Japan and France all have definite provisions on the right of interpretation. This article uses the successful experience of foreign legislation to make up for the lack of relevant legislation in our country as a starting point, and makes a preliminary analysis and exploration of the system of the right of interpretation in our country.