On The Judge’s Interpretation

Judicial trial is a items practice activities, judge is trial activities of real practice who,decided with trial activities of for, operation with justice balance, in this process in the,advance developed of legal text is judge hands only of legal referee according to, howeverpeople of capacity is limited of, practice is complex changeable of, legal and case factsZhijian objective of exists with gap, and judge cannot to legal no provides for by refused toreferee, so judge of legal explained on is necessary has. Judge explained is connection casefacts and legal specification of link, specific case facts and legal specification Zhijian of gaponly judge personally feel get, case facts of appearances for judge set has a specific situation,legal specification and limit has judge thinking of legal space, judicial process in the, judgemust to on facts and legal text for explained, found both of fit points, to made accurate ofreferee results. This is a value judgment process, judges ’ personal experiences, morals, values,Outlook and other emotional factors play role should not be underestimated, the judge is thefinal determinant of the outcome of the case, is the judicial authority of the operator, theirprofessional level and cognitive level a profound impact on the practice of the rule of law inChina.Explain to the judge in the case of power is an indubitable fact, our law does not,however, put the powers defined in the law, in other words, judges the daily exercise of thepowers in law of a blank. China’s legal interpretation system in legal interpretation is assignedto the corresponding organs of power, China’s legal interpretation is divided into legislativeinterpretation, judicial and administrative interpretations, namely the Standing Committee ofthe national people’s Congress by the legislature, the administrative organs at all levels.Butthese do not cover judges powers of interpretation in specific cases, and explain to the judgethe case is still underway. Judges and enacted by the legislature for the interpretation of legaltexts include not only legal documents, but also of the various legal interpretations, see aboveexplanation and judges interpret the law appears to be in hand. Current law interpretationsystem obviously cannot be a substitute judge explains position and role in the judicialpractice, and more of a quasi-legislative nature. However judge explained of legal blank also caused has series of judicial corruption problem, judge case explained activities no has powerof gives, also also no obligations and responsibility, judge in case explained in the wantonexpanded free CD volume right, indiscriminately explained, Subversion has truth, buried realof fair justice, to judicial authority brings has bad of effects, judge by political, and economic,multifaceted of pressure, to in judicial work post Shang keep independence, even becameplace protectionism, and political interests struggle of tool. Explaining the legal status shouldbe standardizedExplain to the judge in the case cannot be deprived of their right and inevitable. We notonly to awareness to judge explained right of necessity and gives its system Shang offeasibility, and to see judge legal explained right means with judge free CD volume right oflegitimate expansion of risk, judge explained right of independent is not means with its can noscruples of arbitrary explained, must respect case itself of objective facts and legal provides,to guarantee judicial just, we certainly has necessary from System constraint, and subjectvalue, and text control, and explained technology and the social opinion, aspects docorresponding of risk prevention measures. Only way to realize the power of legalinterpretation of reasonable allocation, maximizing the role of the judge’s legal interpretation.Judge has legal explained right is a not race of facts, existing States of practices areGeneral admitted judge in judicial trial in the of explained right, British beauty methodDepartment national of judge more is free of exercise with hands of power, that constantlythrough case created out new of legal rules, we just put vision and research of foothold put inwhether should gives judge explained right of problem Shang apparently not conducive toChina rule of law theory and practice work of strides, considered to China rule of law practiceof reality, we both cannot one-sided pursuit "one-step" Effect nor deterred, aimed atexplaining the confusion, in my opinion, we admit to without than explicitly gives judgespower to interpret, and restrictions are reasonable and necessary. Judge not unprincipled toarbitrary interpretation of the law, but must be within the meaning of law may, in accordancewith the spirit of the law, guided by the principles of legality, objectivity and rationality, fairand rational interpretation of legal provisions and legal significance.