On The Reform Of The People's Court From The Perspective Of Legal Interpretation

Under the present legal systems,on exactly what way,can judicial judgments be correctly made in a certain case,so as to let people be aware of the sense of fair and justice in a fixed judicial case,is a core issue of the field studies on legal methods,mainly based on interpretation of the law,as well as the essential goal of the very judicial reform today.To understand the law means to illustrate it at first,which also illuminates the fact that law should be illustrated before the application.Thus,having a great impact on trial activities,the interpretation of law in trial activities is inevitable.Both the judges in trials and the build-up of rule by law need law interpretation.But in our nation's legal practice,the use of law interpretation deviates from the judicial and the interpretation methods,which constitutes the interpretation breaking up with certain fixed case.Under this condition,the judgments can only gain justice formally.The conspicuous progress of our nation's judicial reform,so to the law relating to law interpretation.Because of these,the legal methods centered by law interpretation also play an important role in our Judicial activities,but the effects are not so pleasant.The thesis at first,based on the view of law interpretation,analyzes people's courts' existing problems on law interpretation like lack of discretion,judicial process being too rigid and formalism and other issues.Then,theoretically answers the problematic issues of existing problems,and offers efficient legal and systems to the application to law interpretation based on the improvements of legislations and judicial systems,to achieve the idea goal of true justice in a certain case.The thesis first illustrates the existing problems and the causes of the applications to law interpretation,finding out the features and the mechanisms,so as to improve both legislatively and systematically on people's court's reform on law interpretation.Meanwhile,to compare the outside experience is benefit to finding out the flow of the application to law interpretation,to improve the mechanism under the sensitivity.Off course the reform must stand on the foundation of our political systems and the Judicial activities.After all,the theories must serve the Judicial activities.The legal interpretation approach for the people's court reform is a comprehensive overall work,first of all,we should begin from the unified interpretation of law,legal interpretation,change the current chaotic situation,ensure the justice of the court and the case of the power of legal interpretation to make legal interpretation activities in accordance with the law principle and legal hermeneutics principle;secondly,is to develop a mechanism the interpretation of the law,enhance the ability of using the legal method,also from the system to be incentive and guarantee;thirdly,widely used in Judicial activities in legal interpretation method for the center to increase the effectiveness of reasoning,increase the judicial process and judge the results convincing,enhance the acceptability of justice people;finally,through further improvement of case guidance system to match the current use of legal interpretation.In Judicial activities,it is difficult to promote the integration of the application of legal interpretation,only relying on a single legislation or a single judicial system reform.