The Goal Of Judicial Interpretation And Realization

Judicial explanation is analysis of judicial basis , including legal facts , judicial organizations during administration of justice , when necessary , according to judicical power given by constitution, conbined with social develapment and measure of value of law . The aim of judicial esplaination is to verify the meanings of law through explaination of texts of law by judges or judicial organizations , which has both objectivity and subjectivity.In the light of aim of judicial explaination , generation of theory of original intention of legislation and theory of principal part of explainer , two of which are the main theories has its historical inevitability . However , hi general , both of them emphasize one side , which , therefore , are not scientific . In fact, in ordinary cases , the aim of proper judicial explaination is to ascertain reasonable meanings of legal texts . It regnires judges to esplaen law according to comprehension of common members in one language community . hi difficult cases , the aim of judicial explaination is, first of all, to determine logical meanings of law or will of legislation and principle of law embodied in versions of law according to common understanding of system of legal texts . If the above can not be verified or the present law is lack of understanding, we should try to explain laws , most suitable for social justice within the semantic mension of versions of law.The main factors to restrict realization of the aim of judicial explanation are limitations of explanatory means , inability of judges as principal part of explainers , pressure from groups of interests , lack of independence of justice and judges , no modem rule by law hi ideology and culture of law and effects of public opinion and human relationship ; therefore , the main ways to realize the aim of judicial explanation are to construct team of judges , enhance quality of judges , apply scientific explanatory means , state publicly judicial explanation , analyse reasons for judgement, reform judicial system of court, guarantee independence of judice and judges and cultivate civilian ideology of modem legal culture.