The Shallow Study About The System Of Legal Interpretation

Legal interpretation is of great importance in a modern rule-by-law society.By comparative studying on the system of legal interpretations all over the world,we may find that:in ancient Rome,the subjects of legal interpretation developed mainly from jurists to judicial magistrates.In modern society,civil law have experienced a legal interpretation from the one that the legislature explained that the judge explained to the judge to explain the ultimate recognition of the development process.Unlike common law countries, there are no disputes on this in Civil Law countries,which rests on courts.The core of their disputes is how the courts should explain the laws.In ancient China,an important main characteristics of legal interpretation is interpretation has diversifications, flexible methods.In modern times,development with Western legal in China,in the late Qing Dynasty and the Republic of China,in addition to explaining the constitution,the main legal interpretation made by the courts,using cases and interpretations of a large number of forms,the system was inherited by Taiwan later.Under China's current laws, legal interpretation rests on national organs(legislative,executive,judicial) by the authorities(particularly those with a universal binding interpretation).The Standing Committee of NPC in August 1955 "on the resolution of legal issues explained," and in June 1981,"work on strengthening legal interpretation of the resolution" will be legal interpretation into a legislative interpretation of judicial interpretation and administrative explained that with Chinese characteristics constitute a legal interpretation system.In this system,legislative interpretation dominates.However,the present legal system has showed numerous shortcomings.Mainly based on the legal interpretation of the lack of power,legislative and judicial interpretations to explain the status and role of the inversion, administrative and judicial interpretations to explain the conflict,to explain the interpretation of the scope of the main areas of fuzzy boundaries.Therefore it is absolutely necessary to rebuild China's current legal system,and the entire legal system to explain the harmonious development.Remodelling is the main way:Judicial interpretations of established legal interpretation system in the central position,and the judiciary in particular given the highest priority and the judiciary has the legal power to interpret the main,to explain the function of legislative adjustments,the effectiveness of administrative restrictions explained.At the same time,it is necessary to build a scientific operational mechanism within the judicial interpretation,attorneys explained canceled,The Supreme People' Court centralized judicial power to interpret the normative.Judges in thc process of law application to the exercise of specific interpretation,and the introduction of specific cases as media during the interpretations by judges.