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Referee To Explain The General Theory

Posted on:2008-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:S P KouFull Text:PDF
GTID:2206360215454244Subject:Legal theory
Abstract/Summary:PDF Full Text Request
legal interpretation is the referee interpretation in the judicial practice, in recent years, the domestic scholars pay more attention to the law interpretation, but most scholars all discussed legal interpretation question on theory plane, however, judge's law interpretation in practice actually are comparatively little involved.The first part of this article obtained from the conception and the characteristics of the law interpretation in practice, to the present, our domestic scholar make the conception of law interpretation, the judicial interpretation and the referee interpretation limits has carried on the comparative analysis, the second part has discussed the characteristics of the referee interpretation: legal restricting, document pointed and relatively objective and so on, the third part analyzed the fuzziness of the law language, the complexity of social life as well as the legal origin limitation ,the conclusion is that it is inevitable that judge make law interpretation when he tries the case to the law, the fourth part of the article analyzed the right which explained to the referee as well as judge when interpreting laws must follow the principle and the method have made the preliminary discussion, finally ,the present situation which explained to our country referees carried on the analysis, I had devised the consummation way of the referee interpretation.
Keywords/Search Tags:legal interpretation, judicial interpretation, referee interpretation, right, judicial decision reason
PDF Full Text Request
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