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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
Downloads: 20
Quote: 0
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Abstract


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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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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