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释明权制度起源于德国,在法国、日本等有明文规定,释明权在民事诉讼过程中起着联系当事人和法院沟通交流的作用。我国对于释明权的讨论的热潮一直很高涨,释明权的含义也因讨论的频繁而有所不同。文章通过对释明权含义、性质的剖析以及对国外释明权制度的介绍,提出对我国有关释明权发展的一些思考。
The system of interpretation of power originated in Germany. There are express provisions in France and Japan. The power of interpretation plays the role of communication between the parties involved in the litigation and the court in the process of civil litigation. The upsurge of discussion on the right of interpretation has been very high in our country, and the meanings of the right of interpretation are also different due to the frequent discussions. Through the analysis of the meaning and nature of the right of interpretation and the introduction of the system of right of interpretation in foreign countries, the article puts forward some thoughts on the development of the right of interpretation in our country.