Research On The Legal Interpretation Right Of Judges In China

The judge is the exerciser of the national jurisdiction and the most important subject to which the law applies.In judicial practice,legal interpretation is an important judicial method and method in the application process of judges' law.It is the basis and prerequisite for the application of law and plays an active role in the application of law.In a sense,the application of law is inseparable from the interpretation of laws.The judge's process of applying legal norms to specific cases is actually a process of legal interpretation.The civil law system and the Anglo-American law system countries,despite their different judicial traditions and the great differences in legal practice,all use the power of legal interpretation by judges as an important part of the judicial system.According to China's current legal interpretation power system,judges have not been given the right to interpret the law.The right to interpret the law is taken as the power of interpreting the form with universal legal validity.It is the right of legislative interpretation and the right of final interpretation.At present,difficult cases in the judicial practice in our country continue to emerge,and the legal application process and effectiveness of judges under the background of the judicial responsibility system require uniform standards.In order to build a fair,efficient and authoritative socialist judicial system,it is necessary to thoroughly study and reflect on the framework of China's existing legal interpretation power,and clearly stipulate that judges have the applicable legal interpretation power in specific cases and correctly guide and regulate the legal interpretation of judges..This article mainly starts with the needs of our country's academic research and judicial practice,through the investigation and study of the legal interpretation power system of the judges outside the jurisdiction and the analysis of the current situation of the practice of the legal interpretation of the judges in our country,and puts forward some suggestions for constructing the legal interpretation power system for judges in our country.In addition to the introduction,this article is divided into four parts:The first part is an overview of the right to legal interpretation of judges.On the basis of summarizing related research results,the section analyzes the connotation,characteristics and objects of the legal interpretation of judges based on their own understanding.The research on the connotation of the legal interpretation of judges is based on the study of the connotation of the legal interpretation,and the connotation of the judge's legal interpretationpower is further clarified through the comparison of judge interpretation and related concepts.Finally,it analyzes the four characteristics and objects of the legal interpretation of judges.The second part analyzes the status quo and necessity of the legal interpretation power of Chinese judges.This section starts with the status quo of the main body of China's legal interpretation power configuration,puts forward the problems faced by the judges' legal interpretation power,and analyzes the necessity of giving judges the legal interpretation power of individual cases in the application of the law.The foundation of the right of interpretation system laid the foundation.The third part is the extraterritorial investigation of the judge's power of legal interpretation.This section briefly introduces the main systems for foreign judges' right to interpret the law.It focuses on the countries of the Anglo-American legal system and the civil law system as an example to analyze their practical situation and system in order to provide a theoretical basis for the legal interpretation of judges in our country,and institutional reference.In the fourth part,it constructs the suggestion of the judge's legal interpretation right system in our country.After analyzing the status quo and necessity of the legal interpretation of the above-mentioned judges in China,combined with relevant theories and experiences outside the domain,this section mainly constructs the legal interpretation power system for judges in China,confirms the qualifications of the judge's legal interpretation from the legislation,and establishes strict judges.The legal interpretation rules system,establishment of the legal interpretation mechanism for judges,the mechanism for judging the judicial effects of individual cases,and the evaluation mechanism for the judicial effectiveness of individual cases have given suggestions.Wing can play a positive reference role in the research and practice of the legal interpretation power of Chinese judges.