On The Interpretation Of The Law In Judicial Decisions

We live under the control of the law and take law as the criterion. However, what is the law? When the definition of the law is ambiguous, how does it totalize the society? People resort to the legal interpretation in the answer to these questions. Interpretation of the law as a branch of ancient knowledge to modern times has gradually emerged as one of the doors to independent learning.States legal scholars to explain various aspects from in-depth and useful exploration, and made significant headway. Chinese socialist democracy and legal system over the past twenty scored remarkable achievements,constantly strengthen and improve the socialist legal system, many legal workers and academics attached to the legal interpretation of its research,and put forward many suggestions. Along with the rapid socio-economic development, even if it is well-conceived and formulated law, and the rapidly changing, unusual changes in the objective situation can be only a relatively perfect legal imperfections in the practice of constantly emerging.If understood from the meaning of legal interpretation, then it can be said that legal interpretation is the law of life lie. Because no one understood, interpretation and application of the law, the law will have no value. Therefore, interpretation of the law is the law automatically becomes an urgent task. In theory, comprehension and the interpretation to the law are originated with the birth of the law.In a sense, the process of the law application is the process of legal interpretation. The study of legal interpretation in the judgment is particularly important to the judicial judgment activity which is of final discretion. It will not only relate to the fairness of the judicial judgment, but also affect the operation of the judicial activities. The research of the legal interpretation starts from the macro-analysis of the legal interpretation, bases on the background of judicial judgment and analyzes objects of the legal interpretation in the judicial judgment, that is, legal facts, judgment criterion, and the methods of the interpretation in the process of practical operation, etc.This paper contains the following sections:The first section: preface The second section: an overview of legal interpretationIn this section, a preliminary understanding of legal interpretation is assumed to achieve by defining the concept of legal interpretation and analyzing the issues of the main body, the power and the objects of legal interpretation, and the situation of applying legal interpretation.The third section: legal interpretation of the judicial judgmentIn this section, by analyzing from the structure of judicial judgment ,two core factors in the judicial judgment - legal facts and judgment criterion, the processes of legal fact cognizance and the judgment criterion formation, the characters of the two objects of the legal interpretation in the judicial judgment is expatiated.The fourth section: the legal interpretation in the operating judicial judgmentIn this section, the article roughly discusses how to apply legal interpretation in the judicial judgment by the analysis of model methodology, the basic requirements and methods of interpretation.The superficial study of this article has provided advice of how to link legal interpretation to the judicial judgment, hoping that this article can help people have an accurate understanding of the essence of the legal interpretation in the judicial judgment, cultivate judges ' consciousness of legal interpretation and improve their abilities of methods of interpretation and application to properly apply the law and justly resolve the practical problems.