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Research On The Judicial Interpretation

Posted on:2016-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:X M YinFull Text:PDF
GTID:2296330461954010Subject:Legal theory
Abstract/Summary:PDF Full Text Request
A series of questions about the judicial interpretation, scholars of our country home of its research beyond count. From the beginning of ancient China, the official laws of England had remarkable development, to the Tang Dynasty in the "tanglvshuyi", China’s ancient theory of legal annotation to perfection, and at the time of worldwide reputation.Eleven party 3 in after plenary meeting, coincides with the National People’s Congress Standing Committee meeting, is also "the 1981 resolution", the resolution established the judicial interpretation of the position, embodies the subject of judicial interpretation of the specific and effective. Judicial interpretation in our country’s judicial process and construction plays an indispensable role, has an unshakable position, but the judiciary interpretation itself still exist some problems, the reason is: the judicial interpretation in the content gradually legislation trends, but also the existence of the legislature in the legislative system design is not exact long term since, the legislative technology, the legislative quality briefly, also has a staff of the legislature in the attitude of lax neglect. While in the macroscopic view, our national policy inconstant in policy also led to the constant appearance of judicial interpretation in the judicial interpretation, legal provisions are not clear authority is not clear and so these are the reasons for the existence of judicial interpretation of the problem.As is known to all, the existence of the judicial interpretation is necessary, although it has many hidden trouble, but in order to let the judicial interpretation more positive energy to society, we must perfect the judicial interpretation, how to perfect the judicial interpretation?, of course, inseparable from the legislature of legislative and the legislative explanation on the work attitude of change, continuously perfect the legislation, in accordance with the standards of our country law to require judicial interpretation, whether in the form and content, and at the same time we should also accept the foreign excellent experience, not simply to but the flexibility to adapt to our country with the national conditions of socialism with Chinese characteristics, make judicial interpretation will no longer be outside comments to discrimination, for their own name, presumably only did improve themselves can add brick to add tile in the construction of rule of law in the future.Compared to western countries, the construction of the rule of law in our country starts late, progress is slow, but I believe that as long as China’s legislature and judiciary ideas, combined with state support, the rule of law construction of our country will have greater progress.
Keywords/Search Tags:Judicial interpretation, application of the law, the legal precedent system
PDF Full Text Request
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