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Judge Explained: Case Fact and Legal Text Fusion

Author: LuHongMiao
Tutor: WuJianMin
School: Hebei University of Economics
Course: Legal Theory
Keywords: Judges interpret The facts of the case The text of the law
CLC: D90
Type: Master's thesis
Year: 2011
Downloads: 38
Quote: 0
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Abstract

Law as a social adjustment, it appears it means to play a social adjustment and maintenance of social order, society orderly development. The reason why a country to make laws, because the laws enacted for social services, is used to solve the problem, rather than as a decorative furnishings. Which shows that, relative to the lawmakers, the application of the law is particularly important. Because the law only can be utilized in the practice will achieve the purpose of laws, in order to realize the value of the law, and the application of the law is meant to be a legal interpretation, the interpretation of the law accompanied by the emergence of the law and appear. So, research the law is necessary to study the interpretation of the law. The legal interpretation activities take place in the course of practice, occurred in each of the specific facts of the case. Similarly, the application of the law is also reflected in each of the real-life cases. Therefore, in this sense, the interpretation of the law is not only proceed from the perspective of legal texts to study more starting from the facts of the case studies. Generally does not completely contain a special, special has its own personality to; legal text does not contain the specific facts of the case completely, for each specific case has its own characteristics. Therefore, the study of legal interpretation should proceed from the specific facts of the case, starting from the practice to study theory until the theory has practical value, in order to highlight the significance of the research. In addition, the interpretation of the law that occurred in the process of application of the law, the application of the law is the judiciary applicable, specific to each case of application of the fact that the judge, the judge to resolve each dispute body as directly applicable law in the interpretation of the law plays an important role in practical activities of judges interpretation of the law would not have happened, so that legal interpretation is the interpretation of a judge in a certain sense, \Therefore, we set entitled \This article specifically, from the judge explained in the following aspects: First, the judge explained the concept to define. Analysis of the concept of legal interpretation by the judge explained, \the concrete application of through Judge dynamic interpretation activities. Second, the focus of the analysis of the facts of the case and the legal text of fusion. On how to integrate from the facts of the case and the text of the law to the facts of the case and the legal texts fusion of performance and how to improve the integration of the two, this process through chart analysis, the argument more logical and clear. Finally, summarize the judge explained the significance of their impact on the theory of the rule of law. To talk about the new concept of the rule of law theory, change the way of thinking through the demonstration of the first two questions, the judges interpret the specific meaning of the specific impact of the rule of law theory to the specific meaning of the rule of law from the general abstract rule of law, reasoning, specifically through case-by-case interpretation of specific justice. The judge explained that the research has a very important academic and practical significance. The judge explained that appears along with the emergence of the law, as long as the law is enacted in written form, explain the problem to go hand in hand. No interpretation of the law is impossible to obtain the effective force, did not explain the law and can not become a reality in the specification means. However, the interpretation of the law is not automatically generated, it must explain the media to achieve. So, explain disseminators of the spirit of the law and the rule of law to society to make use of the bridge. In any era any country, the judge in the process of judgment cases the law for a certain degree of interpretation, which is an objective fact. As long as we recognize the importance of the law applied to real life, you have to acknowledge the tremendous significance of the judge explained. Based on this, if we do not judge explained the specific research effectively, it is bound to lead to the administration of justice into a state of chaos, and ultimately lost the legal regulation of social life functions. The present situation for the judge to explain the study and prosperity, involved very extensive. Substantially surrounds our study on the judge's interpretation of the legal reasoning, legal methods and legal hermeneutics related issues, essentially covers all of the judges interpret the law. But these theories tend to be out of touch with the practice, leading to the results of these studies is difficult to play a direct role in future research approach should stand in the ontological position, starting from a practical point of view, only the theory and practice combined The judge explained that the value can be achieved.

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