The Limits Of Judge Explained

Method is a kind of mechanism must have in our social life, it is to protect ourinterests. But the law to be not so simple question, it can not mechanically to use, notlike the concept of law that are very stiff use. The law is not so perfect, so be the pinkof perfection, it also has the loophole, insufficient, when these vulnerabilities arisewhen we need to solve the problem of the judicial workers. Specific Abstract judicialworkers the most important task is to deal with the legal case, they will abstract lawsapply to every case, ultimately safeguard the interests of the people, so the casesreceived a fair trial. Law is composed of the legal provisions, the law is formed by thetext, the text meaning is uncertain, so the legal norms we will not be so perfect, thenreach the acme of perfection, it is not possible to completely unify with the society,match. The legal norms of our legislators make, with the passage of time, along withthe social life is becoming more and more abundant, its vulnerability will be exposedsooner or later. In this case, we judge that the judge must use a method to make up theflaw, that is the interpretation of the law. The legal interpretation of the provisions ofChina is divided into three kinds, respectively is the legislative interpretation andjudicial interpretation, administrative interpretation. The legislative interpretation isthe legislative explanation, this interpretation appears rarely in practice. Theadministrative interpretation is the interpretation of administrative institution, but thesubject of interpretation are too complicated to explain, not in accordance with socialpractice. The last is the judicial interpretation, the judicial interpretation in Chinamainly refers to the Supreme People’s court and the Supreme People’s Procuratorateexplanation. But the subject of judicial interpretation is not very reasonable. Thesubject of judicial interpretation should be the judge. Because in a specific case onlyexperienced judges to understand the details of the case, only the judge explanationcan be more in accord with justice, so the judge explanation for a specific case of trialhas very important significance. Explain the three explanation is the most importantjudge in practice, and the judge explanation has been used many times in practice.Application of law is the prerequisite of legal interpretation, and the most important in the legal interpretation is the judge’s interpretation, so that no judge interpretation,there is no applicable law. Judicial interpretations exist in contemporary China did notrelate to the judge’s interpretation right, not explain such experience encountered in aspecific case case justice, authority and power of interpretation gives no experiencecase, so the decision may be unsatisfactory, does not meet the social justice.This paper specifically, to judge explained the research from the followingaspects. First of all, the judge explained the meaning of the legal interpretation isdiscussed, and the judge interpretation makes a distinction between. More importanceto judge interpretation; interpretation of judge is so important, then it can be unlimitedapplication? The answer is certainly negative. The judge should also follow thiseverything must comply with the limit, the judge interpretation must be run on thisdegree. If not within this limit, it may cause when the effect. The degree and scope ofthe specific, objective to judge the limits of interpretation is the judge interpretation,is wisdom and art of judiciary interpretation; secondly, comparing the views of acomparison of the Chinese and Western judge the limits of interpretation. The judgeinterpretation exists not only in China, in the West in the ancient Rome is theexistence of judiciary interpretation. The judge interpretation of judge interpretationincludes western continental law system and Anglo-American law system of thejudge’s interpretation, development stage and two big legal system of judiciaryinterpretation is also different; the Western interpretation of judge three different limittheory. Different theories of the judge interpretation limits is also different; in theChinese judiciary interpretation is divided into two parts, namely the system space, toexplain the practice of space to discuss the necessity and the limit of judgeinterpretation of the. After compared the judge interpretation in the West and in china.Finally, the judge interpretation limits should be formal rationality and substantialrationality of substantive rationality, and the practical rationality and the practicalwisdom of the judge is important. The only way to achieve the use of the purpose ofthe law, to achieve fairness and justice.The judge explained the purpose is to safeguard the interests of the people,safeguard judicial justice, promote the continuous development of our country’s legal system. The judge with judge’s interpretation in the application of the law. Nointerpretation of the law, for there is no law. The judge in the interpretation, not onlywith the external form of the law, the most important thing is to accord with fairnessand justice, and to be fair, the most important thing is that judges must have practicalwisdom, wisdom to make use of their experience case be fair and reasonablejudgment.The research on the judge interpretation is presented the prosperous situation ofjudge interpretation, has very important academic and practical significance. The law,then the judge interpretation are bound to occur, they are always together. As long asthe legislature to formulate the written law, and issued out, then it ’s vulnerabilitieswill burst out, explain it as the shadow follows the form appears. The law has notbeen explained could not play its practical utility, can not become a norm of socialpower. To admit that the law is important to us, so we must acknowledge theimportance of judge interpretation, the judge explained to us the significance of sociallife. Therefore, we must in-depth research on judge interpretation. If not for theresearch, then our laws will not apply, our social order will enter a state of confusion.The law became a kind of decoration. Judge explained the research has presented theprosperous situation, if we really want to realize the judge interpretation, we must firstunderstand the judge interpretation limits, only the limitation of judge interpretationthoroughly, in order to apply the law, better social services.