Dissertation > Excellent graduate degree dissertation topics show

Case Study Referee Interpretation Bulletin

Author: WangYanZhi
Tutor: FengWenSheng
School: Hebei University
Course: Civil and Commercial Law
Keywords: The communique the case of the Supreme People 's Court Referee explained Basic form
CLC: D920.0
Type: Master's thesis
Year: 2010
Downloads: 71
Quote: 0
Read: Download Dissertation

Abstract


Since the 1990s , China's legal theory scholars dedicated to research legal hermeneutics , related academic achievements continuously available , seldom However , the referee explained exposition . Although our country the traditional theoretical as well as the legal provisions deny the presence of the judge applies the power of interpretation , but in reality , as long as the judge applied the law referee cases , the judge explained the referee is bound to exist , because each case the referee contains the judge's understanding , value judgments and practical reason , which is the law gives the judge jurisdiction of significance . Practice has proved that the process of the application of the law , a large number of legal interpretation activities are carried out by the judge in the case , the resolution of all cases are trial judge referee explained the results , so the referee explained the most practical, and extensive. However , the referee explained as a legal interpretation of the most important , rarely attracted the attention of scholars . Most traditional theory interpretation of the law is mainly divided legislative interpretation , judicial interpretation , and academic interpretation . Even scholars noted the position of the judge in the legal interpretation is only broadly confined to the judicial interpretation of the vision and talk about the lack of specific discussion and research , the referee explained system build is out of the question . To this end , this paper aims to make up to the referee to explain the lack of research on this theory , first from the referee to explain the concept , features start with the interpretation of the law , legislative interpretation and judicial interpretation of the concept of comparison in order to solve the long-standing scholars explain the understanding of the ambiguity of the referee ; Second summarized the basic form of the communique case judge referee explained that the judge used several referee cases of civil law interpretation methods , such as the literal interpretation method , uncertain concept and general terms from the value added that legal loopholes to make up as well as the interests of measure, and to increase the communique the case of the Supreme Court in 2004 , \Finally , a number of problems in the the communique case the referee explained ; puts forward suggestions for improvement .

Related Dissertations

  1. Study on Current Situation and Constructive Suggestions of Establishment of Our Service-Oriented Government,D630
  2. The Expression of Figure on Window,TU228
  3. Research on Shape of Table Screen in Qing Dynasty,J525.3
  4. Historical Inspect Of "The New China’s 17 Years Labor Education",D651.7
  5. Preliminary Yao folk zixing,J607
  6. Theoretical Study and Application of Dual Reciprocity Hybrid Boundary Node Method,TP301.6
  7. The formation, development , their singing style of musical,J809.1
  8. On the Basic State of the Chinese Local Colour Novelty in the 20～(th) Century in View of the Creative Method,I207.42
  9. On the constitutional principle of popular sovereignty,D911.01
  10. A Study on Derivation by Initial-change in Classical Chinese,H146
  11. Magic square transformation group,O152
  12. A Study on the Characteristics of Development Mechanism of American IT Industry,F49
  13. Study on Legal Misrepresentation-Balancing System,D912.28
  14. Space-like Submanifolds with Uint Parallel Mean Curvature Vector in the de Sitter Space,O189.3
  15. Problem of Pinching of the Length of Ricci Curvature of the Minimal Submanifold in Space Form,O186.1
  16. Tentative Research of Teaching Procedure in Maths "Problems Solving",G633.6
  17. On the value of the macro-control law,D922.291
  18. The Research on the Figure of the Piano Accompaniment Improvisation and Practice,J624.1
  19. Public interest litigation system research,D915.1
  20. Research on Legalization of Political Power Operation from the Vision of the Rule of Law,D920.0
  21. The Research on Peasant Legal Education Innovation in New Rural Construction,D920.0

CLC: > Political, legal > Legal > Chinese law > Theory
© 2012 www.DissertationTopic.Net  Mobile