analysis of the judge right to release tomorrow（分析法官明天释放）.doc

Analysis of the judge right to release tomorrow Abstract The object of study is the judge right to release tomorrow. At present, China’s civil trial with the deepening of reform, civil litigation model in terms of doctrine to the adversary by the conversion at the same time, the judge should build a standard sound system right to release tomorrow, to overcome completely laissez-faire dominated the proceedings of parties in litigation caused by delay, it is difficult to achieve substantial justice and other defects, civil protection objectives to be achieved, however, China’s legislation has not been established clearly defined right to release tomorrow of judges, judicial practice, although active exploration, but is not available according to their own array of the situation, the right to judge the effectiveness of interpretation that can not be correct and effective play. In this paper from the judge right to release tomorrow the development context, meaning, nature, value function, and so the judge described the basic theory of right to release tomorrow in-depth analysis of the judge right to release tomorrow in our legislation, theory and judicial practice, the current situation and problems in defects, which made the judge right to release tomorrow from the legislative model, the exercise of principle, the scope of the exercise period, exercise methods, effectiveness and relief mechanism, improvement of standards of building the right system for the judge to release tomorrow. Keywords: Judge right to release tomorrow, the exercise of right to release tomorrow; system improvement Introduction The right to release tomorrow the judge in civil proceedings in the West has great significance and role of the West adversary civil litigation practice, embodies the debate on the doctrine and action doctrine. Pure adversary litigation, the parties of the right to dispose of too much emphasis on , ignored or even open the control of the proceedings the judge, refe