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On The Reconstruction Of The Interpretation Of The Law System In China

Posted on:2007-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:R KongFull Text:PDF
GTID:2206360212483307Subject:Law
Abstract/Summary:PDF Full Text Request
The history of understanding and interpretation of law is as long as that of law. During the course of the law-ruling construction, the law interpretation, being tuneful with the basic characters of law-ruling, is the excellent catalyst to accelerate the process of the law-ruling construction. On this point, the function of law interpretation is one of the core functions of the whole law system. However, only in a logical and rational law interpretation system, can the function of law interpretation thoroughly act as what it should be.Taking the importance of law interpretation system in the law-ruling construction in mind, the author pays great attention to this topic in this thesis. There are three parts included in this thesis. In the first part, the author introduces the concepts of law interpretation and law interpretation system and sets out her discussion from the current situation of law interpretation system on the three parallel levels: the provisions ruled by the relative laws and regulations, the ideas designed by the original designers and the current situation running in the daily life. Furthermore, in the second part, the author makes great effect in analyzing the problems and the shortcomings existing in the current law interpretation system. Based on the foregoing discussion and combined with the basic theory of law interpretation, the author brings forward the opinions and suggestions on the potential reconstruction of the law interpretation system.In the author's eyes, the key points of such reconstruction is to relocate the function of current legislative interpretation; adjust the statue the judiciary interpretation within the current law interpretation system; check and supervise the administrative interpretation and local law interpretation; and enhance the publicity and transparence of the relevant law interpretation after our country enters into World Trade Organization.The author always keeps it in mind that a reasonable and better-running law interpretation system is the necessary key, and in turn it will be an outstanding impetus, for the law-ruling construction of our country.
Keywords/Search Tags:Law interpretation, Law interpretation system, Reconstruction
PDF Full Text Request
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