Analysis Of Goals Of Judicial Explanation In The View Of Fuller’s Natural Law Theory

Modern China’s interpretation of the law includes judicialinterpretation, legislative interpretation and administrativeinterpretation. Judicial interpretation connects the legislation and theapplication of law, which is theoretically valuable and practicallysignificant. Judicial interpretation bears important responsibility ofapplying law consistently by providing judicial explanations meetingrequirements of legitimate judgment. We may be confused by differenttheories of goals of Judicial Explanation, which will weaken theunderstanding of legal interpretation.Lon L. Fuller introduced eight kinds of legal excellence toward whicha system of rules maybe effective for the enterprise of creating law, whichsuggesting eight distinct standards by which excellence in legality maybe tested. These standards also contain inherent requirements of the legalinterpretation, such as promulgation, the clarity of laws, congruencebetween official action and declared rule.There are three parts in this thesis. In the first part, it is aboutabroad on the theory of Goals of Judicial Explanation and which of inChina, such as objectivism and subjectivism. In the second part, Fuller’stheory of the morality of law is introduced in order to comparing China’sgoals of judicial explanation with American’s. In the third part, goalsof the Supreme Court’s judicial explanation is considered as an importantway achieving the goal of balancing values, guarantying value of justice,order and efficiency.