Analysis Of The Legal Interpretation In The Case

The application of legal interpretation and judicial practice,is one of the important subject of contemporary Chinese rule of law.The present domestic academic circles to the research of this subject is relatively weak,especially lack of comprehensive empirical research about the present situation of China’s legal interpretation,and the lack of western legal interpretation theory as the analysis tool to study the fruits of China.Chinese legal interpretation has Chinese characteristics. Each department controls, so that we don’t have a unified legal interpretation. There is contradiction in the legal interpretation.And we don’t have a reasonable and scientific management system. The main problems are the contradiction between one interpretations and many interpretations、 trial interpretation and procurator-trial interpretation、 legislative interpretation and legislation. These are hampered our deep understanding and grasp of legal interpretation problems.Legal interpretation is a door on practice and application of knowledge,is in the process of application of law to make uncertain,don’t understand the concept of law and regulations being explicit,specific necessary way and important means.Legal interpretation to ensure the effective implementation of the law,improve the level of the judicial practice,uphold the authority of the law plays an important role.Therefore,in this paper, starting from the concept and types of legal interpretation,based on the investigation and case study,analysis and discussion on the problems existing in the legal interpretation in the judicial practice in our country,combining with some countries and regions at home and abroad related research and reference,and according to the actual interpretation of optimizing our country law of our country put forward the Suggestions and ideas, implement special administration,establish spacial legislation reform the system of interpretation return to the original of judiciary, radiate the department of legal interpretation and unify the powers of interpretation obtain the flexibility of legal interpretation using by the judge.