On The Referee Specification

The precondition of the judgment from judge is not legal norm, it is the judicial norm that is the combination from both the legal norm in the mind of judge and the legal fact Judicial norm is one of the studies of legal interpretation. The paper's aim is explaining clearly judicial norm by popular language and then favoring judges' understand and mastery to the judicial norm. We hope that this paper may provide some methods both for judge to obtain the legitimate judgment and for scholar one script.The judicial norm is so dynamic as to grasp it in its birthing process. After analyzing this concept, this paper expatiate judicial norm in the course of its logic process.Judge can hold the legal sense to the case from judge's law knowledge accumulation. The legal sense is legal judgment from legal vorurtei. To one case, judge's legal sense will be different because their different knowledge and experience. Right legal sense will be from well-knit legal knowledge.After legal sense come into being, judge need to consider the norm that will be applicable in the direct of legal sense. Judge's duty is founding the norm which can be applied in case from the legal source. One of bases of accomplishing this duty is drawing out legal norm from law textThere will be distance inevitably between legal norm and legal fact Judge ought to explain the legal norm. Among many legal interpretation methods, we emphasize literal interpretation and then endue it with more content.Judge will be affected inevitably by value and interest in the course of legal sense's bringing, legal finding and legal interpretation. After carding the concept of value, we bear that it should be value judgment within law and oppose substituting legal judgment with criterions out of law. In the part of interest balance, we introduce stressfully some factors affecting judgment which come from own working experience including misjudged case investigation, bribery and so on.Judge need to verify judicial norm. One norm can not be applied if it can't be verified. In this paper, the verify criterions are Alexy's argument criterions. In the base of combining with...