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Consummation and the Development of the Susterm of Socialist Legal Interpretation
Author: FuZuo
Tutor: WangZuShu
School: Liaoning Normal University
Course: Scientific socialism and international communist movement
Keywords: Legal interpretation Legal Interpretation System Comparative Study Improve the system
CLC: D920.0
Type: Master's thesis
Year: 2011
Downloads: 39
Quote: 2
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Abstract
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Institutional facts as a legal interpretation system is closely related to a country 's political system , which epitomizes the Game of the judicial and legislative power in the political system . Justice has an important role in the establishment of a reasonable interpretation of the law system applicable law , to make up for the loopholes in the law to ensure that the administration of justice . In recent years, the civil law countries and common law countries to form their own characteristics , based on their respective legal and cultural traditions, the concept of legal interpretation , and power mode of operation is different , a relatively complete system of legal interpretation . The exercise of the power of interpretation of the law by an independent judiciary , has become a basic direction of the of Two Legal legal interpretation of institutional development . In our country , the interpretation of the law is essential to the process by the countries in the applicable law to resolve the dispute process , the perfect socialist country under the rule of law , the legal system construction with Chinese characteristics is the most important , and perfection of the system of legal interpretation and legal system an important part of the building , but also effectively solve disputes is an important guarantee for building a harmonious society . Of the ongoing construction of a socialist country under the rule of law , has made remarkable achievements in the history of the socialist legal system has been initially formed , but as an important part of the socialist legal system , the socialist legal interpretation system , has long been lagging behind the changing times , the development of the legal system , there is an urgent need to further improve and develop to meet the practical requirements of the construction of the socialist legal system with the times . In this paper, the use of empirical analysis , comparative analysis , historical analysis and research methods in-depth thinking on legal interpretation system from the following aspects : by analyzing the performance of the system in the form of legal interpretation under different social systems , reflects China's socialist legal interpretation gradual process of institutional development and a unique characteristic ; through the analysis of ancient Rome , medieval and civil law , common law legal interpretation system , summed up the legal interpretation of the features and advantages of the system in different countries and regions ; combined with China's actual situation and learn from advanced foreign experience , summed up the deficiencies in China 's legal interpretation system , and propose solutions , system design with practical significance for the improvement and development of the socialist legal interpretation system .
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