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A Study On The System Of Judicial Interpretation In China

Posted on:2006-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:X Y XieFull Text:PDF
GTID:2166360182467997Subject:Law
Abstract/Summary:PDF Full Text Request
In China, judicial interpretation is a significant kind of law interpretations. As a means to apply to law for judges correctly, It should be emphasized on the operation procedure and technique characteristic. But in the frame of law system in China, it be separated from the course of material trial as soon as it begins, and be divided between different organs according the state power system, so that the judicial interpretation system and practice has vivid characteristic. Because of the inconsequence of structure of the system, the complexion of the judicial interpretation is disordered. By this text, the author tries to explore the characteristics of the judicial interpretation and the causes of it, and find the regularity and the request of the judicial interpretation, then rebuild the judicial interpretation system. All of the text is formed by four chapters:In the first chapter, the author explains the concept of law interpretation and judicial interpretation, and introduces the classes of judicial interpretation, briefly enumerates the theories and practices on judicial interpretation in the two families of law, then describes the elements of the judicial interpretation.In the second chapter, it's to expound the basic content of the judicial interpretation in China. This portion is divided into four sections. At first, the author depicts the forming process and the concerned regulations of the judicial interpretation. Secondly the practice of the judicial interpretation is described. At last, it is to deeply analyze the characteristics of judicial interpretation in our country and the causes of formation.In the third chapter, the author points out the regularity of the judicial interpretation. By the research of the dividing line between the legislative power and the judicial power, the relation of judicial interpretation and legal application, the author educes the dynamic function of judge and the rational status and function of the Supreme Court in the judicial interpretation.In the last chapter, the author forecasts the future of the judicial interpretationsystem and brings forward the appropriate approaches to perfect the judicial interpretation system in our country. Suggestions include : to cancel the power of the judicial interpretation given to the Supreme Prosecutorial organ, to admit the power of the judicial interpretation for common judges, to set up the judicial precedent system and to implement the system of the checkup and putting on records about the judicial interpretation.
Keywords/Search Tags:law interpretation, judicial interpretation, judicial interpretation system, power of interpretation
PDF Full Text Request
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