On The Construction Of Our Judges Explain The Mechanism

The Chinese current legal interpretation including three kinds, they are the legislative interpretation, judicial interpretation and administrative interpretation.Ever since a long time ago, our country law didn't give judges the power of legal interpretation. But the judge explanation is objective existence in the judicial practice. The contradictions between the existence of judge explanation and doesn't admitted by law, form the strange phenomena that the legal interpretation is exist without legal name. The first chapter of this paper explains the concept of the basic categories of judge explanation including the concept of the explanation, the characteristics of the explanation, the object of the explanation, the meaning of the explanation and so on. This paper tries to make the reader have a basic understanding of the judge explanation system. The second chapter explains the current situation and the problems that Chinese judge explanation faced. The present legal interpretation system is not perfect; it denies the existence of judge explanation. But actually the judge's explanation is inevitable. This is the present situation of our judge explanation. It's also the main problem we faced to constructing our judge explanation system. The third chapter expounds the main contents of constructing our judge explanation system. We begin from establishing the legitimacy status of judge's explanation. Then concretely introduces the principle of the explanation, the methods of the explanation, and the limitation of the explanation and so on. At last we make the conclusion; it's an urgent task to construct our judge explanation system. It's not only the need of the development of our legal system but also the requirement to standardize the power of judge explanation.