Legal Analysis Of China's System Of Legal Interpretation Of The Law

The legal interpretation of the contemporary legal theory is an important issue. It is the core legal practice areas, and a link between the legislative and judicial bridge, it is the realization of the right to judicial important ways the application of the law can not be separated from legal interpretation. Around the interpretation of the law, Savigny, Dworkin and other Western legal experts who have very brilliant expositions and heated arguments, My theory for this sector extensively briefed and research. Two Schools of interpretation of the law's attitude different, but consistent, the Anglo-American legal system from the beginning to recognize the "judges make law," that judges interpret natural law, and civil law countries experienced a strong denial from the judges interpret the law, to the gradual recognition of the importance of judges to interpret the law history of Law were finally acknowledge the judge's interpretation of the law.With the rapid development of China's rising levels of the rule of law, interpretation of the law is especially in our judicial interpretation of trial practice playing an increasingly important role, its domestic scholars are increasingly concerned that many books and articles. China is in the legal system disorder explained, the constitution provides that only legislators the power to interpret the law, In judicial practice lawmakers the authority to interpret laws are seldom introduced legislative interpretation. Judicial interpretation in practice there is a lot of guidance to the day-to-day work of the court, whether it is legal scholars focus of heated debate. As law enforcement officers, the executive is also entitled to legal interpretation. Then, in the end whether the judiciary the right to legal interpretation? When the legal interpretation of the law and conflicts, how the judiciary should decide? Whether law enforcement should have the power to interpret the law? These issues in front of us, if not properly resolved, understanding, bound to implement the law had a negative impact.This paper is divided into five parts, the first part of the Introduction, from our existing legal system explained to the judicial confusion arise in the practice problems, Judicial interpretation of the legal status of judicial interpretation and legal conflict between the discussion; The second part of the legal interpretation of the legal interpretation, summary and analysis of the legal interpretation of the meaning, characteristics, functions, and the relationship between the judicial power and the mandate, certainly from a legal point of the importance of legal interpretation; The third component is a legal interpretation of the comparative study take more research and the method of historical research on the legal interpretation of Law system, and a comparative analysis China to gain useful insights, the judge affirmed the legal interpretation; China is the fourth part of the legal system to explain the problems of our current system explained, pointed out the shortcomings, the last part of improving our legal system envisaged explained, First interpretation of the law re-configuration and eliminate the interpretation of the established judicial interpretation center, Second Case upgrade the status and role of the last restrictions on the executive explained, the better to play the effectiveness of legal interpretation, improve and innovate our interpretation of the law, pushing forward China's socialist construction.