Research Objectivity Of Judges’ Interpretations In Our Country

The proposition of the objectivity of legal interpretation has a long history,and it is still fresh after experiencing the impact of various schools of law.The liberal law schools since modern times have launched a violent attack on the ideal "legal vending machine" theory of the conceptual law school,hoping to use the subjective initiative of judges to make up for the lack of law.As far as written law is concerned,legal expression cannot be separated from the language carrier.The vagueness and abstraction of language and words determine that the law must have loopholes.In judicial practice,the law of case adjudication needs to be interpreted by a judge before it can be applied.But in the process of interpreting the law,judges will inevitably implant their own value judgments.Therefore,the interpretation of judges faces difficult problems of subjectivity and objectivity.Facing this problem,Posner’s rationality of judge’s interpretation and the objectivity theory of judge’s interpretation under the standpoint of contemporary rationalist argumentation provide new ideas and perspectives: the value judgment of the interpreter cannot be completely excluded in the process of interpretation.There has been a consensus in the theoretical circle that the realization of the objectivity of judges’ interpretation depends on the establishment of procedural rules that conform to the interpretation process and the establishment of a system to regulate judges’ interpretation of the law,so as to eliminate the subjective arbitrariness of the interpreters as much as possible.However,in our country’s current legal interpretation system,because judges do not have a clear legal status and corresponding norms for the interpretation of laws,the interpretation of judges in my country is in a state of "anomie",and they continue to enter the case in various ways and "undercover".referee.When Chinese judges interpret the law,there are situations such as the use of multiple interpretation methods,the use of consequence-oriented legal interpretation methods,and the insufficient evidence of interpretation theory.These interpretive behaviors have led to the phenomenon of lack of objectivity in the interpretation of judges in our country.The main reasons for this phenomenon are: first,the differences in individual backgrounds of judges;second,the influence of public opinion and public opinion on judges’ interpretation of the law;third,judicial Local Protectionism.The lack of objectivity in the judge’s interpretation not only affects people’s belief in the fairness of the law,but also has a disastrous impact on the credibility of judicial decisions,so it should be corrected.Starting from the current situation and reasons of judge interpretation in our country,in order to realize the return of the objectivity of judge interpretation in our country,starting from the inside of the judicial system,we must first end the state of judge interpretation in our country that is "unjustifiable",and empower judges to interpret the law from the institutional level.Second,a high-quality legal interpretation community will restrict judges in a neutral position from interpreting cases;finally,a reasonable system of legal interpretation methods and rules should be established.The establishment can reduce the subjective color when judges interpret the law.