Judge Explained: Case Fact And Legal Text Fusion

The law takes one kind of society to adjust the way, appears from it when means that wants the society to adjust, the maintenance social order, to enable the society the order development function. The reason that a country the formulation law, is because the law formulates is for the social service, is used for to solve the question, but is not takes one kind of decoration to decorate. Thus may know, is opposite says in the legal formulation, the law appears suitably especially important. Because, the law only then can utilize in reality only will then realize the formulation law goal, can realize the legal value to be, but the law is suitable means that must carry on the law to explain, the law explained follows legal the appearance to appear. Therefore, the research law needs to study legal the explanation. The law explained that the activity occurs in the practice process, occurs in each concrete case fact. Similarly, the law is suitable also manifests in each living case. Therefore, looked from this significance that the law explained not only need conduct the research from legal text angle embarking, must embark from the case fact studies.Commonplace cannot contain completely generally special. special has own individuality; The legal text cannot contain the concrete case fact completely, each concrete case has own characteristic. Therefore, the research law explained that should embark from each concrete case fact, will embark from the practice studies the theory only then to enable the theory to have the practical value, can in relief the research significance. Moreover, the law explained that occurs in the legal suitable process, but the law is suitable is mainly Judicial organ's being suitable, makes concrete to each case fact is judge's being suitable, judge takes the direct applicable legislation to solve each dispute's main body, in the law explained that is playing the vital role, will not have judge's practice not to have the law to explain, therefore said that the legal explanation will be in a sense one kind of judge's explanation, the use "judge explained" will let the legal explanation the meaning be more explicit. Therefore, this article decides the topic is "judge explains", embarks the research case fact from the concrete case and the legal text fusion.Specifically, this article from the following aspects of the judge explained: First, the judge explained the concept to define. Through the judges interpret the concept of legal interpretation and analysis in the wording for "the judge explained," the concept to make it easier for readers to understand the legal interpretation of the practical and concrete; through the judges interpret and analyze legal texts, making the static text of the law activities by the judge to explain the dynamics of the specific use.Secondly, the focus of the case facts and legal texts integration. Facts of the case and how the integration of legal texts, to the facts of the case and the integration of legal texts and how to improve the performance of the blend, the process by chart analysis, the argument is more logical and clarity.Finally, the judge summed up the meaning and interpretation of the rule of law theory. Demonstrated by the first two issues, change ways of thinking new ideas to talk about the Rule of Law, from the general rule of law in the abstract to the concrete meaning of the rule of law, reasoning that judges interpret the specific significance of its theory of the specific impact of the rule of law, and thus by the specific interpretation to the specific case of justice.Judge explained the research has important academic and the practice significance. Judge explained that is appears with legal appearance one, so long as the law by the existing writing form promulgation, the explanation question is closely associated. The explanation law has been impossible to obtain the actual effect the strength, the explanation law has been impossible to become in the reality the standard method. However, the law explained that cannot produce automatically, it must be able to realize through the explanation medium. Therefore, the interpreter is the law spirit disseminator and the legal rules moves toward the society to be able the utilization bridge. In any time any country, judge needs to make some kind of degree in the decision case's process to the law the explanation, this is the objective existence fact. So long as we acknowledged that the law applies in the real life importance, can not but acknowledge judge explained huge significance. Based on this, if we to this kind of judge did not explain that conducts effectively the concrete research, will then cause the judicature to fall into chaotic disorderly inevitably the condition, will cause the legal adjustment social life the function to forfeit finally. At present looked explained the research regarding judge already to have the prosperous aspect, involved the aspect was widespread. Our country the research which explained about judge revolves connection questions on the whole and so on legal inference, legal method and legal explanation study launches, basically covered judge to explain the legal complete question. But these theory's research often can come apart with the practice, thus causes these research results to be very difficult to play the direct role, therefore present's research admission passage should stand in the ontology standpoint, more from practice angle embarking, only then the theory and the practice unify only then can realize study the value which judge explained to be.