Judge right to release tomorrow a judge in civil proceedings in the implementation of a legal action is extreme and the parties debate the appropriate constraints, the process in the civil proceedings, the judge discharged out through the exercise of the right to exchange information with clients. Appropriate exercise of the right to be able to guide the interpretation of the effective action to achieve fairness and efficiency of litigation; excessive litigation to act would seriously undermine the normal mechanisms and the legitimacy of the proceedings.
Right out of the release of judges is not only the right to judge, but also the obligation of the judge, the right to specify the nature of interpretation in essence more or purpose is to help the parties make a disposition of rights, the point is the disposition of the parties, with a focus on entities and procedures to ensure fair and efficient proceedings.
Right out from the release characteristics, the release out the main power must be exercised by a judge, and only in the course of the proceedings subject to certain conditions, limit the exercise, the exercise in accordance with the law in order to achieve procedural fairness and improve the effectiveness of the proceedings.
Prescribed in different countries the right to release the content is different from the provisions of civil law countries can be seen that the right to release more or less out in the exercise of both cases: First, a party statement or lack of proof, and the other is the statement of the parties or the burden of proof inappropriate.
Release of the judges in our country right out of the provisions established by the Supreme People's Court found judicial interpretation, the law places the low-order, there is no release underlines the importance of the right-ming, the impact of the judge discharged the prescribed value of the right system to play a litigation, adverse to its In practice, the implementation. In judicial practice, the First, the correct position to urge the judge, and the other is the promotion of such parties, and the third is to maximize the effectiveness of the realization of the proceedings, the four is to broaden the field of judicial relief.
The right to address the specific operation prescribed problem, the right to address the application of the prescribed principles: the principle of legality, the principle of openness, limited the principle of voluntary acceptance of the principle of fairness, efficiency principle, the principle of relief. The right to address the specific operation prescribed issues: hearing before the exercise of the right to release tomorrow, should be proof that the request of the parties and the legal consequences to the parties a reasonable period of time in a positive, comprehensive, correct, honest and complete proof. Release trial prescribed in the course of the exercise of the parties in the course of the trial because of literacy, knowledge and understanding of the legal restrictions on their statements that can not be exhaustive, then the judge should ask questions to discover a timely manner, neutral and obligation to address the prescribed exercise to guide the parties a clear statement of the true meaning of its own, said a party statement on the fact that the other party has neither acknowledged nor denied the judge should be asked and fully explained.
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