Our Legal Interpretation Of The Subject

Where there is law, there will be understanding and interpretation of the law, and the interpretation is always the core areas of legal practice. Law interpretation combines books with the reality, advancing the law with the times. It is a method with which to realize the final purpose of the law and an interpretation activity during which the judge applies the law to individual cases.Whether it is the Civil Law or English & American Law, all the modern western countries think it right for the judges in the court to give the main legal interpretation. However, in the Chinese law, it is quite different. It says the right to give the main legal interpretation belongs to the State organs having certain rights in a certain competence and under certain procedures. Centering around the present conditions of our country and the exsisting problems, this article deals with the status of the judge in relation to the right of main legal interpretation and so puts forward my individual opinion of repositioning the main legal interpretation.Focusing on the basic issues related to the main legal interpretation, Section 1 analyses the characteristics of the main legal interpretation and the various links between the constitutional system and the organization of the main legal interpretation.Section 2 gives classification research into the main legal interpretation and points out the shortcomings and unsuitable sides of the main legal interpretation, drawing a conclusion that it is the judge that should give the main legal interpretation.Aiming at the the status of the judge giving the main legal interpretation, Section 3 explains that it is natural for the judge to be responsible for the interpretation of the law and analyses the reasons that influence and constrain the fulfillment of the judge when they try to give interpretation.In the last section, the repositioning of the main legal interpretation is put forward through some individual cases and demonstrated by supporting theories.