一、释明权概述(一)释明权的产生辩论主义是大陆法系的民事诉讼的重要理论之一,也是当事人主义诉讼模式的重要内容。民事法律本身为私法范畴,解决的是私权主体之间的纠纷,法官不宜过度干涉。辩论主义中,法官不能够主动调查取证,且审理内容要以当事人的主张为限,这就保证了法官的中立地位,而使争议双方更多的参与到 First, the interpretation of the right to clarify (a) the interpretation of the right to generate debate Doctrine civil law civil lawsuits is one of the important theory, but also an important element of litigation mode litigation. Civil law itself is the category of private law, to solve the dispute between the main private rights, the judge should not unduly interfere. In the debate doctrine, the judge can not take the initiative to investigate and collect evidence, and the content of the trial should be limited to the parties ’opinions, which guarantees the judges’ neutrality and enables more participation of both parties to the dispute