论法官阐明的理论基础

On the Theoretical Basis for Judge's Clarification

法官阐明是市场经济条件下民事诉讼的一项重要法律制度 ,我国也以司法解释的方式初步确立有关阐明的内容 ,阐明的理论基础与诉讼指挥权、处分原则。

Judge's clarification is an important legal system in civil litigation on condition of market economy. Some contents of clarification has been established tentatively by way of judicial interpretation in China, the theoretical basis of which is closely related with the litigation command power, principle of management and principle of debate.