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法官释明权是两大法系主要国家针对辩论主义的弊端而构建的制度。我国应在改革民事诉讼审判方式的同时,在满足司法权威性和实体公正性的目标下,构建法官释明权。另本文还探析了法官释明权在民事审前程序中的运作。
Judge’s power of interpretation is the system that the major countries of the two major legal systems have constructed against the drawbacks of the debate. At the same time of reforming the way of trial of civil lawsuit, our country should construct the judge ’s right of interpretation under the goal of satisfying the judicial authority and substantive fairness. In addition, this article also explores the operation of judge’s right of interpretation in civil pretrial procedure.