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Study On The System Of Judicial Interpretation

Posted on:2006-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:H F JiFull Text:PDF
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The system of judicial interpretation is regarded as a traditional and unique system of our country, it is a system foundation stone of the rational operation of the law. The past ten years, judicial interpretation issue pay close attention to the fact a more and more one in our country. Quite more, but from study the science angle probe into history that law explain prolong leather , theory source and course, issue , orientation of value and mode , etc. of method mainly about writing that law explain. But the speech of and present a large number of judicial interpretation systems afoot to our country, standardize judicial explanation from system aspect, have practice value even more for the best mode of structuring judicial interpretation movements.Judicial interpretation, refer to the functions and powers that the supreme judicial authority of our country entrusts to according to the law, during the process of implementing the law, to that it explanation of generally judicial effects how to use the legal question concretly.Overseas, does not generally have one word of judicial interpretation, legal explanation is a pronoun of judicial interpretation. Continent law to have different judicial theory practise with Great Britain American and French department, therefore judicial interpretation have different operation mechanism. Continent judicial explanation, law of department follow the basic point of regarding making the law as , allow groundless judge make law. But for make judicial explanation of judge can keep unanimity, continent though law department does not is it follow precedent principle to establish, but all legal rules to form through the legal precedent of the legal precedent , especially the Supreme Judicial Court, make it have effect that an organic whole follows. Great Britain American and French department legal precedent law country, is it follow principle of precedent to adopt. Obviously, as the legal precedent law of the unwritten law, it has one's own unique characteristics.What deserves to be mentioned is nowadays in the world , continent law and though Great Britain American and French department differ widely, but show a tendency to merge in many aspects between two fundamental laws and principles departments. Draw lessons from , merge the total trend that has already become various countries' modern law development gradually each other. Legal precedent Great Britain American and French patent of department no longer, legal important component of system of one society governed by law.The basic legal file of the system of judicial interpretation of our country of norm was open by the 19th session of the Standing Committee of the fifth NPC on June 10 , 1981 at present " resolution on strengthening the work of legal explanation of Standing Committee of the National People's Congress " crossed. It's time to resolve to release the administration of justice to interpret to the Supreme People's Court and the Supreme People's Procuratorate as the norm, expect the two coordinate and develop in unison. But practice indicates, the judicial interpretation in reality has not totally gone on according to the legal orbit, but many questions and deficiencies exist.To all sorts of questions existing in judicial interpretation practice, what course should the judicial interpretation system of our country follow? I think it must structure again the judicial interpretation system of our country. Probe into and practical analysis through the theory of the system of judicial interpretation in main purpose of this text, seek to adapt to the trend governed by law and ideal way of the reality of our country in order to consolidate the position in the judicial system of judicial interpretation, and play an more important role during the process of setting up the socialist country governed by law. I should think of our country judicial interpretation further reform, should base on the reality of our country , and also comply with era to develop, carry on innovation on the basis of combining existing resources and absorbing outside culture.
Keywords/Search Tags:Judicial interpretation, Judicial precedent, Legal precedent of judicial interpretation
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