Research On Judge's Interpretation Of Cases

The practice of legal interpretation is same to the legal practice on the age. The life of law existin the interpretation. Accounting of the different interpretations, it evolutes into the two most effective thoughts of law: One is the continental law system which is famous for its codism, and the other is case law which is based on the judge's practice. These two thoughts are beginning to merge because of the limitation of the code and the instable factors of the judge's practice; therefore, the study on the interpretation of the law becomes the prior matter of the modern appliance of law. The author whites this paper because that Chinese law is written law, and there are great deals of legal interpretation made by the judge with no brief regulation.This paper is composed of four parts: from the angles of history and logic, Chapter One analyzes the inevitability and necessity of the existence of legal interpretation so as to conclude the definition of the Judge's interpretation of cases: Judge's interpretation of case is the comprehensible and applied action of the judge, and the legal norm the judge used to confirm the"legal fact"for the concrete cases in order to reach the judicial decision with the provision of legal paper, a series of regulations, skills, methods, and through the process of transition of legal articles and facts. The legal interpretation is a united whole compose of dynamics, static, and technique. Judge's interpretation of Cases is historical. Its existence and the existence of the law depends on each other; its existence is inevitable, the history and numerous theories of legal interpretation tells us that the birth of statute law means the beginning of legal interpretation although they experience the different statues and led to the different results,, however, legal interpretation is existent beyond the shadow of a doubt. During the process of legal interpretation, however hardly the people desired the judge, and hope the judge would be a piece of"wending machine", the judge is positive and may create and discovery.