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Legal Interpretation System Of Republic Of China's Court

Posted on:2020-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:H B ChangFull Text:PDF
GTID:2416330596972900Subject:Science of Law
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In the Republic of China,the Chinese law was just westernized,and in the face of the society still in the traditional Chinese legal system,it seems to be incapable in legal practice.During the court period,China fell into the battle between the Kuomintang and the Communist Party and the war of resistance against Japan,making it more difficult for legislation to adapt to the rapidly changing social law needs.Legal interpretation exists between the needs of social law and existing legal norms.It is a catalyst when combining legal norms with social reality,a reconciliation agent in conflict,and a binder when breaking.It guarantees the unification of the legal effects and social effects of the implementation of legal norms.The interpretation of the decree during the Republic of China experienced three major periods of the Dali,Supreme Court,and Court.The period of the court is the period in which the interpretation system of the Republic of China has the most provisions,the longest duration,and the highest level,and has a considerable degree of research value.This paper begins with a study of the interpretation of the provisions of the courts of the Republic of China.It analyzes the origins,contents,procedures,and interpretation methods of the court's court order interpretation system based on the historical data of the interpretations,and summarizes the characteristics of the court order interpretation system.The influence of judicial partyization in the interpretation of the decree during this period.On the basis of this,it evaluates the social practice effect of the court order interpretation system during the court period,and discusses whether the court court order interpretation system is a theoretical dispute between interpretation and law.
Keywords/Search Tags:Legal interpretation system, Republic of China's court, Judicial partyization
PDF Full Text Request
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