Research On Sociological Explanation In Judicial Process

Because it was too mechanical in applying and interpreting the law, the traditional begriffs jurisprudence gradually revealed its drawbacks. Free law school introduced the sociological explanation. on the basis of criticizing the traditional begriffs jurisprudence. Then the Sociological explanation became more and more important and gradually became an independent method of legal interpretation.In the judicial process, the use of the sociological interpretation has become increasingly widespread. Because sociology can compensate for the lack of explanation of meaning to some extent, especially the legal words are obscure and a number of difficult cases occur. Therefore, the judge often uses sociological methods to solve some complex cases, which resolves the current case, and at the same time makes the law adapt to the changes of the society.The sociological interpretation in today's judicial process has been widely used, so this paper attempts to research the methods in the judicial process. This article is divided into four chapters: the first chapter introduces the conception of the sociological interpretation. First, it elaborates the conception from the connotation and extension of the sociological interpretation; then explores the contact and the distinction between the civil law and the sociological interpretation; finally analyses the relationship of the sociological interpretation and other legal methods. The second chapter analyzes the conditions in using the sociological interpretation. First of all, it analyzes the conditions in general: when the use of literal interpretation emerges a variety of results, which need to forecast the social consequences and measure the social purpose, then the sociological interpretation is needed; then gives an analysis of the relationship between the sociological methods and rules of law. The sociological interpretation needs to take the rules of law as the basic premise, and sometimes needs to adapt the rules of law to the exceptional circumstances. Finally it analyses the specific areas of the sociological interpretation, such as the ones of the Constitution, the Criminal law, the Civil law. Chapter Three focuses on the application steps of sociological interpretation: Firstly, it analyses the social effects of each interpretation, and then judges which one conforms to the social goals. Section II of this chapter then elaborates on the application of the sociological interpretation through a number of specific cases. Chapter Four is mostly the evaluation of the sociological explanation. First, we analyze the merits of the sociological interpretation, then analyses the relationship of the sociological interpretation and "the unity of the two effects"; finally explores to explain the limitations of the sociological interpretation, as well as the resolution of the limits.In short, the sociological explanation in the judicial process is an indispensable method of legal interpretation. It has unique conditions and steps to use, and has certain advantages and limitations. In the judicial process, it usually plays a role in combining with other legal interpretations together, so that it achieves good results and makes the social justice and social welfare come true.