Judges Use The Method Of Legal Interpretation To Study

The third plenary session of the 18th central committee of the communist party of China(CPC)insisted on the problem-orientation of the reform,and proposed to "improve the responsibility system of the presiding judge and the collegial panel in handling cases,so that judges and judges are responsible." As a judge,the judge should not only apply the law to the specific facts of the case,but also consider the law according to the facts of the case.Therefore,the combination of the two is needed to constitute the whole interpretation of the judge in a specific case.Judicial interpretation of legal activities occupies an extremely important position in the whole legal system.Facts and disputes often have myriad changes,but legal rules are abstract and generalized,and sometimes even the provisions themselves still have vague,contradictory and missing places.If we want to rectify the order according to laws and regulations and achieve the effect of settling disputes,we need legal interpretation to bridge the gap.In the context of judicial responsibility,the judicial responsibility system has been endowed with more connotations such as"independence","profession" and "guarantee",so as to promote the in-depth development of the judicial system reform.However,in fact,in order to comprehensively promote the judicial reform in China,in addition to having high-quality judges,we also need to consider the legal interpretation of individual cases that judges will inevitably involve in the specific judicial practice.However,in the process of specific application of law,it is inevitable for a judge to interpret the law,because "mere law is not sufficient for him",and the abstractness of legal norms determines that when it is applied to specific cases,it will be interpreted and invoked by the judge before it finally takes legal effect.Legal interpretation becomes the bridge between legislation and judicature.Without interpretation,legal provisions will be reduced to concrete articles for people to admire,thus failing to realize their instrumental value of adjusting relations and standardizing behaviors.On the basis of clarifying the basic theoretical framework of the method of legal interpretation,this paper is divided into the following three parts:the first part is to study the legitimacy and necessity of the judge’s interpretation of law in the context of judicial responsibility.The second part is the empirical analysis of the judge’s use of the method of legal interpretation in practice.Using empirical analysis method and logic analysis method in the case of the proceedings of the Supreme People’s Court’s website in which 558 cases as a sample for inspection,found that the judge in the judicial referee defects,using analysis method of legal interpretation methods of direct interpretation loss limit,free to expand,narrowed the explanation,explain the argument is not strict,and many other problems.There are two reasons for the improper use of law interpretation by judges.Second,the neutral position of judges is affected by the power field.The third part is mainly to explore the legal interpretation method reasonable application of the practical path.This paper provides a reference for how the legal interpretation method is rooted in practice,integrates the legal interpretation method into the current judicial reform practice,in order to bridge the gap between theory and practice,through the judicial reform in key areas to promote the operation of the legal interpretation method.It is helpful to train the judge’s consciousness of individual case explanation,to explain the operation technique of law,and to realize the justice of individual case.