法官释明权是大陆法系国家民事诉讼中的重要概念,是辩论原则和处分原则的限制和补充,是诉讼中法官和当事人作用调整的必然。随着我国民事审判方式改革的深入,民事诉讼模式由职权主义向当事人主义转换,当事人地位强化,法院职权弱化,但我国当事人法律水平和诉讼能力参差不齐,具体诉讼中仍需由法官引导,才能保证程序的公正、实质的正义,故我国民事诉讼中引入法官释明权制度成为必要。 The interpretation of judges’ rights is an important concept in the civil lawsuits of civil law countries. It is the limitation and supplement of the principle of debate and the principle of punishment. It is the inevitable adjustment of the role of the judge and the parties in litigation. With the deepening of the civil trial reform in our country, the mode of civil litigation is transformed from authoritarianism to authoritarianism, the position of the parties is strengthened and the court power is weakened. However, the legal level and litigation ability of parties in our country are uneven, and the specific litigation still needs to be guided by judges. Can we ensure the fairness and substantive justice of the procedure, so it is necessary to introduce the system of judge’s right of explanation into our civil procedure.