Study Of Court Decisions Based On Several Problems

For the court decision, both China and the rest of the world all base on the laws, the only difference is that China has its own characteristics in application, including the ruling of the Constitution in application, the extensive application of the judicial interpretation, the dependence of national policies and the neglect of other civil habits. Owing to the unique practice in these areas, the judgments and reasoning in debates on law in court decisions in China took on some national colors compared with western countries. The paper discussed the constitution, judicial interpretation, state policies, civil judicial practices used in the application from the angles of their background, causes, advantages and disadvantages, solutions, and tried to find a practical solution for China's judicial practice so as to quicken China's constitutional process and the whole process of the rule of law. Because Chinese awareness is relative weak in the application of the Constitution, this paper argued that the Constitution should take the "humane" way to institutionalize the constitution for its application in cases, especially when there are no regulations in the lower level law. Only by strictly abiding by "serving the people whole-heartedly" can the constitution be known and made use of by the Chinese. To serve the society and the people should be the main purpose of the Constitution, because the constitution is, in essence, a kind of law whose final end is for social welfare, and that is why the constitution should step down from its holy throne and come into the people. As for the application of judicial interpretation, the paper advocated a rational, and restrained strive to develop its flexible adaptability by degrees under the premise of reasonable mastery of appropriate scale and to avoid conflicts with the legislative power so that legal disputes resulting waste of judicial resources can be avoided. As for the application of national policy, the paper held that the policy should be given full play due to its macroscopic nature and epochal characters, while at the same time the relationship between policies and laws should be properly handled so that we can not only make application of our many years of valuable experience in policy but also carry forward the process of institutionalization of exploring the application of policy with Chinese characteristics. As for the application of the civil habits, the paper proposed that we should, on the bases of exploring ancient resources and showing respect for reality, push forward the study of civil habits and amend the practice of excluding civil habits in the making of laws so that those lasting positive civil habits finally should be fixed in the form of laws.