The Judge Interpretation Study

The standing committee of the National People's Congress enacted legislation to explain,promulgated by the Supreme Court and the supreme law of judicial interpretation,administrative interpretation issued by the state council and the competent administrative department for that constitute the current legal interpretation system in our country,through the system,we know that the judge is not enjoy the legal interpretation.But in judicial practice,the legal interpretation of the judge phenomenon is widespread.Abstract law,only through the judge's explanation,can solve practical disputes.Reality needs,but the law does not recognise,make the judge interpretation into a awkward position.Correct understanding of the judge interpretation,Analysis of the problems existing in the power of interpretation of the judge in our country,to understand the necessity of its existence,and come up with a plan.First chapter of the thesis starts with the concept,characteristics and content of the judge interpretation,the judge interpretation,is enjoyed by the judge,for explanation of power law and the facts.Unlike the private rights of citizens,the right of interpretation of the judge is a kind of public power,which has the general characteristics of other public power,but has its own personality.The application of law depends on the interpretation of the judge.The right of interpretation of the interpretation of the judge has the power of interpretation,selection,and reparative in the course of the application,which can only be carried out within certain limits.The second chapter of the thesis is the necessity of the right to interpret the power of the judge,and the right of explanation in our country is in the awkward situation of "having no real name".There is a universal existence of judicial practice,but the legal policy does not admit that the contradiction of the right of interpretation of our judges is obviously problematic.This chapter begins with the reality demand of the right of interpretation of the judge in our country,and enumerates four requirements in order to illustrate the necessity of the interpretation power of our judges.Then we will focus on the experience of the interpretation of the interpretation of judges from outside the region.The final foothold for outside judge interpretation experience enlightenment on legal system construction in our country,has been clear about the judge interpretation of objectivity,people would think it does not exist,just know there is a deviation.In chapter 3,the paper discusses how to construct the system of interpretation of the judge and how to limit the interpretation of the judge after the construction is completed.From the point of legislation,can draw lessons from other parts of the legislation practice,formulated the act of legal interpretation,legal drafting,promulgated needs a long period,and to solve the plight of the judge interpretation is imminent,in order to alleviate the conflict,in the act of legal interpretation can before,in 1981 the standing committee of the National People's Congress on strengthening the legal interpretation work of resolution to add one,"every case trial,the problem of applying law,by judges explained." In judicial ways,one is the center of all activities,justice to the judge to center the referee,and the overall quality of the judge in our country the good and bad are intermingled,therefore,to cultivate excellent legal workers,is to improve the existing important aspects of the judge interpretation adversity.From the administrative aspect,the most typical characteristic of the court management model in our country is "administrative",the external local authority's intervention;The internal judicial work is mixed with the judicial administration business,the court and the judge each have a blurry line of responsibility.It is difficult for judges to exist independently of the courts.Judicial independence is one of the basic principles of judicial justice,and also an important prerequisite for judicial justice.Therefore,changing the traditional management mode of the court is an indispensable part of alleviating the predicament of the judicial interpretive power.Section ii of this chapter in order to strengthen the restriction on the judge interpretation,respectively from the legal procedures,such as system of misjudged cases investigated,the referee reasons,legal method three aspects obtains,let the judge interpretation at the time of exercise can have constraints.This article only interpretation to the judge made a preliminary carding and research,its purpose lies in the fact that establish the legal status of the judge interpretation,let the judge interpretation under the specification of the system,and legal operation.