德国民事诉讼法官释明制度及其借鉴-诉讼法学专业论文.docx

II II Abstract The Judge s Clarification system of the German civil procedure law exists for a long time, the Civil Procedure Code enacted in 1877 provides for the first time Judge Clarification Obligation, the purpose of the establishment of Clarification Obligation is,through the joint efforts of the judge and the parties , to be able to quickly sort out the facts of the case, and to counterbalance between justice and efficiency, German Civil Procedure law in recent years, continues to expand in the modification the right of Judge s Clarification and establish judge s discuss obligation、question obligation and notify obligation, to enrich the trial, promote process and achieve substantial fairness . The Judge s Clarification in German Civil Procedural theories refers only to the Clarification of the fact, does not include procedural matters and legal matters , which is caused by historical reasons , with German civil procedure law gradually release expansion of the scope of The Judge s Clarification system , the German scholars think that the Judge s Clarification could not covers the activities of judges , so they choose the material procedural guiding to characterize the concept . The working principle of the Judges Clarification system is through Judges discussion and clarification to make the judge and the parties are able to ascertain its meaning to each other. On the basis of this Judge guide the parties to bring forward all the facts relevant to the request, the purpose is to achieve full hearing, and through the obligation of discussion of law make the parties know the Judges point of view of law and have the opportunity to express their views, in order to prevent unexpected judgment. The Judge s Clarification system rooted in the soil of the debate the principle of the debate, is a product of the party -oriented mode of action , the role of judges under the cooperative system is not referred to the activities of judges in the Judge s Clarification system