The Idea Of Political Influence Legal Interpretation

Socialist legal concept, is the new focus of jurists, and also a new guidelines for law enforcement and judicial practice. In judicial practice, more and more specific case was asked to serve the construction of socialist harmonious society situation. Legal interpretation, as the core of judicial application, also inevitable undertakes the important role. At the same time, it incurred with strong western ideal of rule of law of thinking that political scholar questioned under the guidance of the concept of rule of law of justice is setback. However, during the transformation period, including the China legal interpretation, the current legal particular must face up to the first theory and judicial status, can put forward to future innovation progress on new thinking, new measures. Wide range of unusualness rodman unintentional socialist legal concept and review judicial practice, only to serve the political discussion concept as the breakthrough point, where the legal explanation under the influence. This paper consists of three parts.The first part "serve the socialist legal concept, an important mission" socialist legal concept, combining with the right primer, this paper expounds the basic socialist legal concept to serve the connotation as well as the political category of legal meaning interpretation words. The second part of "serve the context of the principle of legal interpretation, position and response," interpretation of law is the law of judicial process facts and law regulating the interpretation, the content such as value measurement sex is one of its basic characteristics. In judicial practice, interpretation of law to do insist legitimacy and rationality, and morality three principles of judicial activism, uphold the moderate positions, thus to realize socialist legal effect and social effect unified response serve the requirements. Partâ…²"legal interpretation of political tendencies:obey with politics", larger power no responsibility of rule of law as an ideal state, in theory and practice are proof is not feasible, the political idea to have profound legal interpretation, even decisive influence political power, we must face of legal interpretation, accept interference of judicial application in modern China, including legal interpretation of judicial practice and political philosophy can realize the rule of law is closely connected with the idea. We believe that only based on the reality of China, China's problems can be resolved.