试论阐明权

法院在听取辩论时 ,从法律和事实的角度给予当事人订正和补充的机会 ,促使数人对所争执的事实提出证据 ,法院的这种权能谓之阐明权。它是为达到民事诉讼目的而限制辩论主义弊病的产物。阐明权的行使 ,必须被控制在一个合理的范围内。

During the court debate, courts may give the parties to action the opportunity to make correction and supplementation from the angle of law and fact, promote the parties to action present evidence with respect to the facts. Such right of courts is called the right to make statement. It is the result coming from reaching the aim of civil proceedings and limiting the drawbacks of adversary. The exercise of the right to make statement must be controlled within a reasonable scope.