On The Study Of "Li Zhuang Case"

"LiZhuang case" triggered off a debate in legal. Behind hard arguments is the result between the political consciousness and legal consciousness, the choice in the two of judicial activism socialist and judicial restraint doctrine. Legal method in "LiZhuang case" played the role of tools again, the value behind the method selected determines the results of "LiZhuang case". While in relevant comments legal method especially legal interpretation again kept silent, legal interpretation faces inquiry of "correctness" and trouble of having little to do with the judicial practice. This paper consists of six parts:The first part the legal interpretation, analyzed the case of LiZhuang in perspective of legal interpretation. The authority principle model and the arbitrary nature of legal interpretation were compared in detail. The second part measure of the value, discussed the choice of value reflected in "LiZhuang case". The third part legal rhetoric, analyzed the legal rhetoric used in judicial documents. PartⅣplight of the legal methods, "LiZhuang case" reflected the difficulties faced by legal interpretation, how to ensure the accuracy of legal interpretation, why the legal logic lack of influence in judicial practice, alerting the pure tools of legal method, the ability to respond to law practice of hermeneutics should be enhanced. PartⅤanalyzed the judicial philosophy underlying the legal method, compared the advantages and disadvantages of pure judicial activism and judicial restraint, and discussed the reality choice of Chinese current in seeking a balance between the two. Part VI discussed the political environment faced by the legal method, populism, the media trial and media monitoring, the conflict brought by "LiZhuang case" between lawyer perjury and immunity in criminal defense, the depoliticization appeal of jurists.Eventually come to the main conclusions of the article following:First, in a system of citizens power has no effective protection, the judicial organs' little forgiveness for criminal and lawyers bright less hurt than the abuse of judicial power for social equity and justice. In other words, the constraints of public power is important than sanctions and punishment, which is adhering to the criminal law reflecting the characteristics of humility.Second, the legal methodology research should shift more to case studies, facts and the interaction between text and fact, strengthen the finding and interpretation of fact, increasing the acceptability of judgments views, enhancing the predictability of judgments, constraints the power in the hands of arbitrary, and enhancing ability of the interpretation of the law to respond to practice.