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Judicial reasoning in the judicial interpretation of the judge

Author: YangZuo
Tutor: ZhangBaoSheng
School: China University of Political Science
Course: Legal Theory
Keywords: Judicial reasoning Judges judicial interpretation Judicial
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 115
Quote: 0
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Abstract


In judicial reasoning , the judge should face a variety of complex facts of the case , and in some cases, legal rules are not directly applicable to the case , must be made by a judge in accordance with the legislative intent and the specific circumstances of the case selection and interpretation of the law explained rules are applied to specific cases . Judges Judicial interpretation is a part of judicial reasoning , the judge explained the purpose of the law is the law applicable to judicial reasoning Looking premise . Because of this , the judge judicial interpretation in judicial reasoning plays an irreplaceable role . However, China's current system of judicial interpretation and no corresponding emphasis should have given its rightful place , this article attempts to explain the judge 's judicial position two theoretical and practical aspects of analysis , a clear judicial interpretation of the judge in the judicial practice of practical significance, that is, in specific cases, the judge of the law and the judicial interpretation of the facts of the case analysis and judgment while staggered to make fair administration of justice , uphold fairness and justice. Therefore , this article from the perspective of judicial reasoning cut through the analysis of judicial interpretation judges judicial reasoning and the relationship between the two , a clear judicial interpretation of the law applicable to judge the significance. Finally, according to the previous theoretical arguments and judicial interpretation of current problems , proposed to build a system of judicial interpretation of the judge Suggestions . Part I: Introduction . System of judicial interpretation from judges Study on Current Situation and judicial practice in terms of both depth study illustrate the need for judges judicial interpretation system . The second part of the first chapter : the judicial interpretation of the concept of judges define , respectively, the generalized judicial interpretation and narrow judicial interpretation , legislative interpretation and judicial interpretation , the broad and narrow judicial interpretation judicial interpretation to make a distinction that will define the broad judicial interpretation judges judicial explained the context of discussion. The third part of the second chapter : mainly from the point of in-depth analysis of judicial reasoning and argumentation judges judicial interpretation system . In this judicial reasoning is defined as the application of law in the judicial reasoning, analysis of the law applicable in judicial reasoning with the judges of judicial interpretation of the relationship between the two . The next argument illustrates the judicial reasoning process of judicial interpretation of the judge , and the judge also analyzed the impact of judicial interpretation of the main factors. Advancing through the layers of the theory of argumentation , a clear system of judicial interpretation of the judge 's role in judicial reasoning . The fourth part of the third chapter : to undertake the above theoretical analysis, the judicial interpretation of the current status of the judge judges judicial interpretation system and build practical significance are described. According to the previous theoretical arguments put forward judicial interpretation of the factors that influence the judge , the existing judicial practice problems and build system of judicial interpretation of the judge 's recommendations. Part V: Conclusion

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