Dissertation > Political, legal > Legal > Chinese law > Justice system > The court

On Constructing the Mechanism judges interpret

Author QiLiXia
Tutor TangYongChun
School Heilongjiang University
Course Legal
Keywords Judges interpret Interpretation of the law Mechanism for
CLC D926.2
Type Master's thesis
Year 2011
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China's current interpretation of the law , including legislative interpretation , judicial interpretation and administrative interpretation of three. For a long time , our law does not give judges the legal interpretation. But the judge explained it is the objective existence of judicial practice , the existence of the Real and the law does not recognize the formation of contradictions , resulting in the name of the judge did not explain the strange phenomenon actually OK . This first chapter from the judge explained the concept , characteristics, explained the significance of the object and the judge explained other aspects of interpretation of definitions of judges , trying to explain to the judge so that readers have a basic understanding. The second chapter analyzes the interpretation of judges facto embarrassing situation , and pointed out that judges interpret our own problems . China's current legal interpretation mechanism requiring unsound interpretation judge denied the existence , but in practice it is inevitable legal interpretation of the judge , this is the status of judges interpret and construct mechanisms judges interpret the problems faced . Chapter III outlines the construction of the mechanism of judges interpret the contents of this chapter, first proposed in legislation to establish the legitimacy of judges interpret the status , which is the foundation and basis for institution building , and the specific principles of interpretation from the judges , the judges interpretation, based on the judge explains the limits and other aspects of elaboration. Finally, the conclusion , the judge explained mechanism Constructing urgency , this is a legal interpretation of the development needs , but also the judges interpret norms to prevent the abuse of power requirements.

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