On The Legal Interpretation Of Judges In Judicial Trials

Binding legal thinking in the long-term culture of judicial practice,the use of the rights of legal expertise in the interpretation of the law but a judge can exercise jurisdiction cornerstone smoothly.Throughout our laws,in fact,does not expressly empower judges to interpret the law,which just became the judicial practice some judges mechanical handling of subterfuge,led to the deterioration of environmental justice,public legal authority to reduce identity.Admittedly,from Practical Law,the law can not escape the presence of the judge's initiative and isolated cases exist among the judges in the daily process of handling cases impossible from the legal interpretation,all the time they exercised legal interpretation right,this is a common fact.France should not detract from the human factor into law purely on paper.This article attempts from the following aspects of the law in the judicial interpretation of the judge's study.First,the legal status of judges interpret and explain our current situation is analyzed,and combined with actual cases and judges whether the domestic legal interpretation of two different views,focusing on the judicial practice should be legislative interpretation,judicial interpretation and judge want to distinguish legal interpretation,affirmed the judge's interpretation of the law in the judicial practice of Cause and reasonable,legal interpretation judges make up for the lack of legislative interpretation and judicial interpretation at the operational level,the abstract articles of law and legal interpretation the combination of complex cases closely together,so that the justice is embodied in specific cases.Secondly,the legal interpretation of the judge's certainly realistic basis,respectively,from the written,legal mechanical,legal provisions applicable law conflicts with applicable laws and our political system itself and the special situation of these five aspects of the analysis given the need for legal interpretation of the judge.The law on the books have become legal action force,which is the application of a legal issue.Any law is not perfect,which determines the applicable law judges in the course of their vulnerability inevitably be constrained,and the judge's interpretation of the law just to play its important role in this case,to avoid or minimize such vulnerabilities caused by unfair,injustice appears.Finally,briefly discusses several aspects of system construction,the main building of the legal interpretation put forward the idea of a judge.No corresponding system,the legal interpretation of the judge only be one kind of power without restriction,would inevitably lead to abuse.Eventually become a law furnishings,social order would fall into chaos.Whether historical necessity and realistic necessity or rationality of the system,our judges have been given to explain the necessity of the law,or is contempt for the law and judges deny life career aspirations,then you will not be able to pursue justice.In summary gives judges the power of interpretation of the law is urgent,very urgent problem.