The Method And Path Of Judge's Interpretation Of Law

The judge's interpretation of the law is a common phenomenon in judicial practice.However,China is a country of civil law system where judges can not make judicial decisions in individual cases creatively.Therefore,judges have to start from legislation objectives and reach verdicts in line with both legal effects and social effects by semantic interpretation,logical interpretation,and other means so as to realize fairness and justice.The thesis consists of five parts:Firstly,the need for legal interpretation.Current legal provisions can not completely cope with complicated and changeable social phenomenon due to limitations and hysteresis of law,fuzziness in semantic meaning,and the necessity of judge profession.In consequence,it is inevitable for judges to construe statute law rationally in the process of law application,.Secondly,ways for legal interpretation.Definitely,statute law cannot totally satisfy needs developing society.When a new type of social relationship occurs,legislative intention shall be clarified by logical interpretation so that verdicts in accordance with legislative spirits can be realized.Furthermore,based on the pluralistic understanding of legal language,it is indispensable to define and identify certain legal concepts by semantic interpretation.Thirdly,principles of the legal interpretation for judges.The legal interpretation by judges takes the objective legal text as the object,and the final results arising from such interpretation shall be subject to social recognition.In addition,the results coming out of the interpretation by semantic interpretation or logical interpretation shall be fundamentally based on the constitutional law,and comply with the legislative purpose and purpose of the Constitution,and reflect the spirit of the rule of law.Fourthly,characteristics of the legal interpretation by judges.The power of law interpretation to which judges are entitled runs through the whole process of juridical practice contains the judge's judgment and measurement of the value of a legal provision.In addition,judges shall hold liability for corresponding results of judgment based on the interpretation result,which is characterized by arbitrariness.Fifthly,power restriction and guarantee of the legal interpretation by judges.rational negotiation mechanism for legal professional groups may be established to provide rational suggestions for judges in legal interpretation.Moreover,various interpretation methods should be utilized so that judge interpretation is able to reflect the spirit of rule of law and legislative intention.Without doubt,written rules and a supervisory mechanism are required to restrict and monitor the legal interpretation by judges.