Interpretating Law Within The System Of Socialist Law Culture In Contemporary China

Little work is concerned with this area of research of culture of law and research of interpretation of law.The research of culture of law always doesn't go deep into the study of awaking the nationality of law culture and using the native resource of rule by law.At the same time,the research of interpretation of law lose the direction of study because of thinking of foreign criterion too much.. Only when we realize the relation between the law culture and the interpretation of law can we understand the reason and the direction how to reform of the system of interpretation of law.Only when we do this can we find the solution of problem of law culture.The development of law culture need the help of interpretation of law.The reform of system of interpretation of law must consider gaining the support of law culture.The thesis is on relation between interpretation of law and law culture.From the perspective of the relationship,we find the reason and the direction on how to reform the system of interpretation of law.I put forward some hypothesis for improvement of interpretation of law.The thesis consist of 5 chapters:Chapter one is mainly concerned with the form and the current situation.Pointing out the unharmony situation between the surface structure and the deep structure of law culture and the status quo of several culture conflict in the deep structure of law culture and the problem about the lack of nationality of law culture.Chapter two is mainly concerned with the provement that the interpretation of law is the solution of problem of law culture.Pointing out that the interpretation of law is the key element of the development of law culture. There are still some home for improvement at Chinese current system of interpretation of law.I think if we go deep into the study of interpretation and establish more rational system of interpretation of law,the system of interpretation of law can help the development of law culture. Chapter three is mainly concerned with the current situation of system of interpretation of law and the demerit of the system .Chapter four mainly point out that some relation exist between the system of interpretation of law and the culture of law.Because law exist with the state of text.So the destiny of interpretation go along with itself.The interpretation must not be isolated.It is influented by culture of law in the enviorment of culture for itself.That means,the interpretation of law in specific times can't get ride of the law culture in specific times.Interpretation reflect the culture when it is molded by culture.Interpretation must develop within the framework of the culture of law.Current system of law culture is not a harmony system.Several culture conflict seriously in this system.Corresponding system of interpretation of law reflect the unstable sitatution of law culture.There are some demerit in the system of interpretation of law.The demerit bring harm to Chinese rule by law.But the demerit reflect the conflict in the system of law culture.We prove that the culture of law restrict the interpretation of law.The improvement of law culture is one part of the improvement of society.Nowadays,Chinese civil society is not form.So ,leading the development of interpretation of law surpassing the period is not realist.Only from the angle of change of deep structure of law culture observing the interpretation of law,we can find that the current system of interpretation of law is device from the development of the culture of law.If we went gaining the support from the law culture for the interpretation of law ,the reform of system of interpretation of law is inevitable choice.From the above analysis,in chapter five,we draw a conclusion that the reform of system of interpretation of law is the inevitable choice of development of law culture.At the same time,the reform of system of interpretation of law is the inevitable choice of gaining the support from the law culture for the interpretation of law.The interpretation of law play the important role in helping development of law culture.Only when the interpretation of law adapt to the development of the culture of law can we made the stability and the development of law harmony.On the contrary,if we neglect the nationality of law culture and the harmony development of the law culture,only focus on the plant of the system of foreign law,losing the approval of the people,the rule by law face the danger of breaking down.So we must find the way how reform the system of interpretation of law.I put forward some hypothesis for improvement of the interpretation of law.