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The Theoretical Predicament And Practical Improvement Of Judicial Interpretation In China

Posted on:2012-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:L Z ZhaoFull Text:PDF
GTID:2216330341450683Subject:Legal theory
Abstract/Summary:PDF Full Text Request
60th years, the Supreme Court's judicial interpretation of the uniform application of law and the legal system of the Republic has made indelible historic contributions. Study of the legal profession as a legal specialist seven students had to face the judicial examination in the deep when the importance of judicial interpretation, not the sort of judicial interpretation of the system and develop a deep understanding of intent and judicial interpretation of the applicable conditions of near-by Judicial Examination in the Arabian Nights; though case law should be natural and real with the rational core natural aspects, but not a formal source of law in China, so the limitations in legislation and law applicable to cause a difficulty in the law, Supreme Court and the Supreme People's Procuratorate normative judicial interpretation issued like "straw"; lawyers to practice law in the vast that a judicial interpretation of the text as sensationalism, as his agent or reply comments will be because the "legal basis" and stand firm stable footing.The importance of judicial interpretation of the challenge it is almost attendant, the internal face of the main judicial interpretation has been questioned, procedures are not standardized, the form of any of a series of difficulties, judicial interpretation of the contents of the abstract will focus led to the invasion of Vietnam judicial interpretation legislative and internal appearance. One side is in full swing for the flame, one side is ultra vires the depth of water and chaos, judicial interpretation in this development and questioned in the strong have gone through three decades. Judicial interpretation of the meaning in the end is what? That they have no legal basis for legitimacy? How to deal with "judicial legislation" of the national criticism? Where the boundaries of judicial interpretation? What is the way the face of such difficulties? We must face these have become a reasonable explanation to their question.Questioned the legitimacy of judicial interpretation of the face, the way out for judicial interpretation, the scholars from all angles, a detailed analysis and argument, but what is the legitimacy of judicial interpretation can not be far way to reach a consensus. The article discusses the judicial interpretation of this legitimacy is based on analysis of the various angles, the overall dilemma is divided into judicial interpretation and judicial interpretation of the perfect path of two parts, by reading and summarizes the plight of sub-judicial interpretation of the internal difficulties and external difficulties , the corresponding improvement in practice is also discussed in the internal improvement and external sound from the two roads starting to improve in the paper path outside the current judicial practice in our country guidance case focuses on the construction and improvement of the system, while improvements in technology from the legislative and enhance the quality of judges outside the path of intensive level, the overall goal of only one, to find a justification for judicial interpretation, legitimate and reasonable way out.
Keywords/Search Tags:Judicial interpretation, Legitimacy, Theoretical dilemma, Perfect path
PDF Full Text Request
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