On The Legal Interpretation Of The Judge’s Interpretation Of The Cases

Judge is the main body of legal application, In the process of legal application, legal interpretation always appears together. As the main body of legal application, judge should possess the power of legal interpretation. The continental law system and Anglo American law system countries hold a positive attitude on judge’s legal interpretation, however, judge does not have the power of legal interpretation of individual cases. The law is the product of social development to a certain stage, On the one hand, the generation of law is lagging behind the social development, therefore, with the continuous development of society, legal blank areas emerge and legal loopholes increase. On the other hand, the stability of the law determines that the law can’t change at any time. The increasingly prominent contradiction requires that in the trial process judge should give full play to their subjective initiative to apply the law neatly, then make up for the loopholes and shortcomings. Therefore, in the process of judicial practice, it becomes increasingly important to ensure judge case interpretation power, which is not only beneficial to realize judicial independence in our country, and to realize social fairness and justice. But that doesn’t mean that Judge could exercise their case interpretation power arbitrarily and without restraint, so it’s a judicial problem urgently to be solved in the process of legal construction that how to guarantee and reasonably supervise case interpretation of the judge from the perspective of laws and institutions. By putting forward to some system conception and rational suggestions on the judge’s individual interpretation power, which is important significant to the exercise the right case interpretation power, but also conducive to the establishment of China’s society of rule of law.