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On The Perfection Of The Interpretation System Of The Judge

Posted on:2018-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:T LiFull Text:PDF
GTID:2346330548452850Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
There is long time for the interpretation system in the continental law system Countries and Regions.But Chinese scholars' study about it started lately,and of the exercise of judges and cohabitancy written rules is sporadic since the early 20 th century began to appear in the civil judicial practice.The interpretation system is easy to be abused because of lack of legal basis and professional Judges.As a Grass-roots court Judges,the author sometimes unable to grasp the degree of the Judges' interpretation system.Usually,the Judges grasp the degree by their experience—from the accumulation of the case.The purpose of this paper is proposed based on the interpretation of the study of the theory of the the interpretation system,to build a relatively perfect system of exercising cohabitancy exercise cohabitancy system so as to solve the judge an embarrassing situation.In this paper,the interpretation system is mean in the process of civil litigation,if the party is unable to express itself clearly and submit evidence usefully,the Judge will help them by the way such as asking questions.Now there is a great reform of judicial system,the Judge as the final determinant of cases is more and more important.The Judge judges the case is according to the Party's decision,but in our country,the party is lack of legal knowledge,lawyer defense penetration rate is not high,so there is necessary to build the interpretation system.The first part of this paper,we study the interpretation system itself through the analysis of the content,historical origin,the class and the relationship with other related concepts.The second part and the third part show the status of the interpretation system in our country.The last part of the paper is about some suggestion to perfect interpretation system.
Keywords/Search Tags:the interpretation system, perfection, improper cohabitancy, protection, suggestion
PDF Full Text Request
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