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Consummation And The Development Of The Susterm Of Socialist Legal Interpretation

Posted on:2012-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:L FuFull Text:PDF
GTID:2216330335976081Subject:Scientific Socialism and the international communist movement
Abstract/Summary:PDF Full Text Request
As the system of legal interpretation with a country institutional fact is closely related to the political system.In the political system, it reflected the game of judicial power and legislative power.Establish the reasonable interpretation of law system is better for applicable laws, make up a loophole in the law of justice and is an important role to judicial fairness. In recent years, Continental law and Anglo-American law countries according to the different of the legal tradition, concept of legal interpretation and power operation mode, they built a characteristics and relatively complete form of the system of legal interpretation. Then legal interpretation exercise of independent judicial organs has become a basic direction of the major legal systems. In our country, Legal interpretation is an indispensable process to settle disputes for the laws. The construction of Chinese characteristic socialism country under the rule of law, Improve the legal system is the priority, and the system of legal interpretation is an important constituent to the legal system construction, it is the important guarantee to settle disputes and construction the harmonious society's. Although construction a socialist country ruled by law has made remarkable achievement and the socialist legal system has preliminarily formed, the socialist system of legal interpretation as an important part of socialist legal system has lagging the development of the times and the legal system. It needs further improvement and development to meet with the demands for socialist legal system and practice.The article uses of empirical analysis, comparative analysis, historical analysis and other methods to research for the system of legal interpretation from the following several aspects: By analyzing the form of the system of legal interpretation under the different social systems, reflecting the gradual process and unique characteristics of China's socialist system of legal interpretation; By analyzing the ancient Rome, medieval and continental law system, Anglo-American law system, summarizes the features and advantages of the different countries and regions system of legal interpretation;Combined with the actual situation in our country and foreign advanced experience, find insufficient of our system of ountry legal interpretation.Then proposed the corresponding methods to solve the problems in legal interpretation system.
Keywords/Search Tags:Legal interpretation, System of Legal interpretation, Comparative study, System consummation
PDF Full Text Request
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