浅议法官释明权

On the Powers of Interpretation and Definitude of Judges

对法官如何行使释明权以及应在什么限度和范畴内行使释明权有很大争议,该文对法官释明权的含义、特征,法官行使释明权的基本准则,法官行使释明权的限度进行了阐述,谈了作者的看法。

The powers of interpretation and definitude for judges are mentioned in the Regulations on Evidences in Civil Procedures (hereinafter referred to as ' Regulations on Evidences'). But in judiciary practices, there are some distinctions among the judicature on the understanding and recognition of the aforesaid powers. This has resulted in conflicts on the exertions, limitations and scopes of the powers. This article reflects my opinions on the powers of interpretation and definitude.