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Case Study Referee Interpretation Bulletin

Posted on:2011-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z WangFull Text:PDF
GTID:2166360308953791Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the 20th century, 90 years, China's legal theory circles of scholars working on interpretation of the law school, the relevant academic achievements continuously available, but the referee to explain there is little discussion. Although our traditional theory and interpretation of the law denies the existence of a judge, but in reality, as long as the judge in the case law judge, the judge's interpretation of the referee must exist, because each case contains all the judges judge the understanding, value judgments and practical reason, this is the law gives judges the significance of the jurisdiction. Practice also shows that the application of the law in the process, a large number of legal interpretation activities are carried out by the judges hearing cases, and in all cases the solution is to referee the trial judge to explain the results, the referee explained that the most practical and extensive.However, the referee explained that as a legal interpretation of the core, but rarely rise to the concern of scholars. Most of the traditional theory of legal interpretation of the main is divided into legislative interpretation, judicial interpretations, theoretical explanation. Even though some scholars have noted that the legal interpretation of the judge's position is merely confined to the judicial interpretation of its field of vision in general and about the lack of specific discussion and research, the referee explained that the system to build even more out of the question. Therefore, this article seeks to compensate for the referee to explain the lack of theoretical studies, first from the referee to explain the concept of specific characteristics, to its legal interpretation, legislative interpretation and judicial interpretation of concepts such as comparison; second bulletin summarized the case of a judge to explain the basic form, the referee judges several common interpretation of civil law cases,,And in 2004 the Supreme Court case communique added, "referee Summary" from the time of the 2008 communique contract five years based on the empirical case analysis; and in this case based on the analysis of the Communique referee to explain some of the problems that exist; final puts forward a comprehensive proposal.
Keywords/Search Tags:Supreme Court Cases Gazette, Referee explains, The basic form
PDF Full Text Request
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