Theoretically Logical Outline On Civil Justice Interpretation In China Mainland

Hardly can one deny that civil justice interpretation has vital importance for the judicial interpretation system in China mainland. In particular, consider such circumstances as no the rule of law, overt limits of statutes to regulate the society, and longstanding absence of adequate civil statutes, civil interpretation comes into play in civil justice and becomes a bridge and the link between legislation and the court. Therefore, it is important for the theory and practices to enhance the research on civil interpretation in China mainland.It is essential to examine the internal theoretical logic once we concern about civil interpretation. Only if we master that logic and develop or improve civil justice interpretation in China mainland, ii could play its role completely in practice. The theoretical logic of civil justice interpretation is related to fundamental values and internal logic among such factors as civil interpretation, laws, policies and ethics. The basic material to be analyzed is Supreme Court civil interpretation, and from this the essay focuses on fundamental values of civil interpretation, and its concerns about laws, policies and ethics, then it discusses how to apply laws, policies and ethics in order to uncover that internal theoretical logic.Besides the preface and the conclusion, the essay is composed of five chapters:Preface: longstanding implication to research the civil interpretation, research approaches and theory innovations.Chapter1, summary of civil justice interpretation in China mainland. Firstly defining it, and then outlining its development, finally analyzing its necessity and characters and examining its functions and implications. Under the analysis of judicial interpretation definition, the essay defines that China mainland civil justice interpretation as courts construction and clarification on civil laws to apply to judicial practices, which can be held as authorities. Based on this, the development of civil interpretation has three stages: preliminary development, heavy frustration and increasing booming. In practice, civil interpretation is nearly open, complies with interpretation procedure and has more norms than before. The presence of civil justice interpretation depends on such factors as absolute social development, relatively stable civil laws, complex legal materials and limits of lawmaker's recognition ability. The characters of civil justice interpretation is list below: in nature, interpretation power of courts is authorized, ways and contents of interpretation is similar to lawmaking, and the power is centralized highly. In application level, functions and implications of judicial civil explanation are to apply the abstract statutes to particular cases, to fill in chinks of laws, to prepare materials and conditions for legislation, and to protect justice in social changes.Chapter 2, values preferences of civil justice interpretation, including inclination to order, efficiency, liberty and justice, then analyzing the relationship between justice and order, efficiency or liberty, and finally concluding that it is justice that is the core value, order, efficiency and liberty are supporting values. The premiss and foundation of civil justice interpretation is to seek justice, and civil justice interpretation is an vital way to embody justice. Justice is the essential nature of civil interpretation, its realization has many advantages for the establishment of the rule of law, for market economy order and to protect civil rights. In other hand, there are conflicts between civil interpretation and justice, determined by such as confused subjects, overgrown numbers, trends to lawmaking, and absence of norms and constrains. Finally, the essay presents some approach.Chapter3, legal dimensions of interpretation in civil justice. As the broad legal interpretation in the application of laws, civil interpretation firstly focuses on laws. Then it is necessary to analyze the implications to concern and apply laws. By doing so, there are advantages for the realization of its functions, ensure judges'loyalties to laws and the authority of law, and helping us improve goals of interpretation. Further, the essay analyzes circumstances of application of laws in China mainland, mainly including interpretations on how to apply them to particular cases when enacting new statutes or amending established statutes. The application of law chiefly exists in constitution, legislation, regulations and executive orders. On the whole, the relationship between the interpretation in civil justice and laws is that that interpretation comes from and depends on legal texts. Then, these interpretations must comply with some general and particular principles; the former includes legality, reasonability and objectivity principles, the latter refers to no cases no judges, limits to cores, according with economy laws, advantage for transactions and compliance with international customs.Charpter4, policy considerations concerning interpretations in civil justice. As important norms regulating human action, laws closely ally policies, so do the civil justice interpretation. Forasmuch, internally the theoretical logic of that interpretation contains its logical relationship with policies. First, the essay examines the relationship between policies and laws, and then makes it clear that the whole framework of their relationship. Further, based on this, considering whys of civil justice interpretation focusing on using policies, coherent purposes between laws and policies, the making and administration of instructive policies for civil justice interpretation, and that interpretation ensuring the application of policies, this essay reviews the logical relationship between laws and interpretations in civil justice. By analyzing texts by explained, it discusses how to apply policies to interpretations in civil justice. In conclusion, these interpretations must concern about policies; in other hand, there are such problems in practice as extensions of judicial interpretations instructed by policies derogating the authoritative of laws and the flexibility of those interpretations inclining to overrun the law. Therefore, this essay presents some advices, pinpointing the correct relationship between policies and laws to ensure the compliance of interpretations in civil justice with policies and at the same time not departure from laws.Charpter5, ethical preferences of interpretations in civil justice. It is laws that is interpreted by civil courts, whether or not complying with ethics matters the intern nature of those interpretations, in particular concerns about the realization of their aims. Whether of not in theory and in practice, interpretations in civil justice ought to take much care for ethics. In theory, the making of civil justice interpretations depends on recognition from ethics, and the observance from people with those interpretations also requires supports from ethic. In practice, many interpretations departure from ethic and bring about some ethical gaps, which present disadvantages against human rights.Furthermore, the essay summarizes the relationship between ethics and civil interpretations, in other words, some contents of civil interpretations come from ethics, ethics can fill in gaps in civil interpretations and instruct them in values. And then, based on the analysis of legal texts, interpretations in civil justice may apply occupation morals, and family morns and social morals to particular cases. Finally, this essay presents some advices which can improve ethical foundations for those interpretations.In conclusion, the essay comprehensively analyzes the internal relationship between justice and laws, policy considerations and ethical preferences, in interpretations of civil justice, and then concludes that the theoretical logic of interpretations in civil justice of China mainland considers justice as the core, simultaneously take into account such factors as laws, policies and ethics.