Research On Legal Explanation In Referee Grounds Of China

The judgment is a fair judgment, rather than an administrative enforcement command.The judge's judgment is a practical activity, the judge is the real practitioner of this practice, which determines the judgment of the activity, the operation of the balance of justice. And the reason of the judgment is the value of the judges, but also the core part of the referee. The reason of the judgment is a kind of procedure or activity of the judge to explain the validity of the judgment made by the judge. The referee is a fair judgment, rather than an administrative enforcement command magistrate reason of legal interpretation to connect the facts of the case and the legal norms of the intermediate links, gaps between the specific facts of the case and the legal norms only judge personally feel, case fact appearances for the judge to set a specific situation, legal norms limited legal space of the judge thinking. In the judicial process, the judge must to be of the facts and the law text, find a meeting point, in order to make accurate judgment. This is a value judgment process, judge's personal experience, ethics, values, outlook and other affective factors in which plays an underestimated role in the outcome of the case, the final decision of the judge is judicial authority of the manipulator, and their professional knowledge and practice recognize knowledge level has a profound impact on the rule of law in China. The application and practice of the legal interpretation in the reason of judgment is one of the important subjects in the construction of the rule of law in China. At present, the research on this subject is relatively weak, which not only hinders our in-depth understanding and grasp of the legal interpretation of the reasons for the referee, but also is not conducive to the construction of a stable and harmonious society. Therefore, the author believes that improving the legal interpretation system of China's judicial reasons, in order to promote the socialist rule of law in the country's forward, is worthy of study.First of all, the author explains several key theory problems of law to explain the reasons of the decision are described, through the analysis of the core problem, reveals the importance of legal interpretation of judicial decisions, explore the importance of the current research of China's judicial justice. Analysis the status of the reasons of our decision in the interpretation of law, existing problems and their causes, finally puts forward the perfect path envisaged, expecting to be beneficial of our country of the rule of law society's construction.