The Interpretation-models Of Relativeal Problems In Nanjing Nationalist Government Period

Legal interpretation is a system which is produced in the period of Early RePublic of China in the process of the special authority with legal interpretation rights meet the question of applicable law to explain. The legal interpretation is the object in this paper. The time is limited in the Nanjing National Government period and the breakthrough point is the relative fields. Through the study of researching the characteristics and laws of development of legal interpretation provide reference for today’s judicial interpretation system.The article will be divided into four parts. The first part of this article presentate the implication of the problem about relatives and the case of legal interpretation. In the process of explaining the meaning of legal interpretation, I state the operation mode and the operational procedure of the legal interpretation. According to these statement, I have made the outline of the institutional framework about the operation of legal interpretation.After definiting these fundamental questions clearly, the main part of this article has been introduced. In this part, I introduce the contents that relate to the legal interpretation of the relativeal problems. In the Nanjing National Government period, the time of the law been set up is not long, politics and war are frequent, the economical development is not stable, the social is in the phase of rapidly transition. I combined with the background that time.In the third part, I summarize the features which is based on the contents that relate to the legal interpretation of the relativeal problems. The legal interpretation is made passively, the content of legal-interpretation-models lack of cohesion, the legal interpretation authority’s attitude which reform the traditional social is firmly when facing the confliction of traditional social. Besides, traditional factors has to be taken into account in the process of legal interpretation and reconcile with traditional social when facing the strong inertia of traditional social. Furthermore, legal interpretation authority handled the relationship between law and politics correctly.Through the above part of the research, I get the following conclusions. First, making judicial interpretations be explained from actively to passively. Second, uniting the body who make the judicial interpretation. Of course, we should learn a lesson in the meantime when we learn from the experience. We should take notice to the problems produced in the process during the operation of the legal interpretation system. At last, I make a conclusion that the interpretation nowadays should pay more attention to the reality of China and consider the factors of Chinese traditional culture after studying the law of legal interpretation’s development.