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Criminal Law applicable in the judge explained

Author: LiuJunKuan
Tutor: XueRuiZuo
School: China University of Political Science
Course: Legal
Keywords: Criminal Law Interpretation of criminal law Judges interpret Judicial interpretation
CLC: D926.2
Type: Master's thesis
Year: 2006
Downloads: 152
Quote: 1
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Abstract

The judge explained the Criminal Code applies, in particular criminal law is that the judge hearing the case of the specific understanding of the process of the Criminal Code, the Criminal Code to clarify the process. In human society, especially the practice of law in modern society, as a kind of universal understanding of legal interpretation generally refers to the administration of justice in specific cases associated with the law applicable to an activity that judges interpret legal interpretation. However, in our interpretation of the law refers to is legislative interpretation, judicial interpretation and academic interpretation, judges interpret legal interpretation were excluded from outside. This is explained by the mechanism of China's current legal cause. This paper analyzes the mechanism of China's current legal interpretation problems start, discusses the mechanism of establishing judge explained the reasons, the judge explained the goal judge explained the limits, the judge explained the institutional construction and other issues. This paper describes the first part of the main mechanisms for establishing judge explained the reason. Mainly from three aspects are discussed: first, is due to explain the mechanism of the criminal law, there are many problems. For example, the lack of oversight of judicial interpretation, judicial interpretation of the override question of interpretation, judicial interpretation system itself that is inherent deficiencies exist, the main body of judicial interpretation of confusion exists in practice, the existence of a large number of judicial interpretation and specialization of judges is not conducive to professional. Second, in our country, there is still a need judges interpret. Because both from the perspective of criminal law itself, or from the perspective of individual justice, judicial reform direction is concerned, in our country, there is still a need judges interpret. Third, China has the judge explained the basis for existence. Explaining If only need to exist, but there is no basis for the existence, also can be achieved in reality. This paper briefly describes the second part of the goal judges interpret. To establish judge explained in our system, it is necessary to clearly explain the criminal law judges follow the standards, or the judge explained the position at which the criminal law. Judges interpret the goal is mainly divided into two kinds, namely subjective and objective interpretation of interpretation theory. Both are some problems, but they both have some reasonable place, separate the two in any one mining can only be at an end, in order to avoid problems arising from the two while the adoption of two who reasonable elements, combined with China's actual, you must combine the two, using an objective interpretation theory-based, supplemented by subjective interpretation of the interpretation of the target. The third part of this article briefly describes the judge explained the limits. In the criminal law applicable in the judge explained, subject to a number of factors, such as national policy, criminal justice system, criminal law purpose other factors, however, the judge explained mainly by the criminal law provisions, the average social values ??of justice

Criminal Law applicable in the judge explained

Abstract

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