From The Text World To The Real World: The Administration Of Justice In The Legal Interpretation Problems

The legal interpretation problems are the inevitable outcome caused by the legal process. Such limitations of the laws as the fossilization of the rules, the vagueness of the language,the vacancy of the structure, the backwardness of the time are to be exposed when the fixed laws are applied to the changeable real lives. It is certainly the choice for the judge to interpret legally in the course of his or her judicial judgment in order to overcome the shortcomings of the laws and keep the justice of the judicial decision. In other words, only through the interpretation can the laws be treated as the convincing bases for the judge to determine the cases. For the time being, the judge's legal interpretations are not lawfully regulated as his power in our country,however, the paper claims that the judge is not the mechanical tool of applying the laws and his judgment is not the mechanical copying proceedings, either. As the medium between the legal texts and the social realities, the interpretation actually exits in the process of our judicial judgment. In regard to the judicial judgment and based on the discussions over the fundamental problems, such as the principal part,object, objective of the legal interpretation, the paper analyzes the concrete representations of the interpretation and presents some recommendations to improve some interpretation problems. The research provides the reference advice on how to closely relate the legal interpretations with the judgment process.lt is hoped that the study will be beneficial to help people properly understand the crux of the legal interpretation and to train the judge's self-consciousness to the interpretation and improve his or her interpretation methods and techniques for his or her just and proper application of the laws.