Interpretation Of The Law. Trial Proceedings And Dialogue

Introduction reviews the develop process of our country's LegalHermenutics, concludes that the centre turns form judge's appearing tobeing found, from soliloquy to discourse. Preceding research showswhich stage to develop, and what problem to brought forward. Thisdissertation discuss reality of law interpretation under the circumstanceof judicial procedure.The theory of Communicative Action of Habermas emphasizesdiscourse and common understanding. This dissertation, opposingcommon understanding and approving discourse, expounds discourseson every stage of judicial procedure and value of discourse. Partâ… summarizes the followings, including Court hearing, Panel discussion,Panel discussion.Check is absolutely core vocabulary in Partâ…¡. The beginning ofthis chapter uses the term "the first impression", under which judgesevolve conjecture about law interpretation according to files. Judgescheck the conjecture through discourse, leading to removingunreasonable factors, ensuring rationality of law interpretation.Introducing system of resist Guarantees the check function of judicialprocedure.Partâ…¢is discourse in collegiate bench, which occupies very bigspace in the dissertation. The first reason is that it was ignored in thetheory of Communicative Action. The other is that court verdict arises incollegiate bench produces. The collegiate bench has two kindsorganization forms, One is composed of people's assessors andoccupation judges; the other is composed of occupation judges. People'sassessors added society morality factor and Masses values to lawInterpretation, which makes it more widely accepted by Masses.Prejudices, the premise and basis of law interpretation, containssubjective factors. Discourse between judges counterbalances thesubjective factors ,which produce the inactive effect to law interpretation. The discourse makes the law interpretation tend to objectivism.Partâ…£describes form of discourse ,discourse appear continuity andrelative opening. Continuity lead to law interpretation is achievement of twodiscourses. Relative opening shows what condition to law interpretationmake under, discourse in court hearing is enclosed, it's content keep secret.Conclusion sums up all comments. Law interpretation in courtverdict is not only Subjectivity or Objectivity, is Diversity. It is the resultof all discourse, every discourse adds different factors. Lawinterpretation is Diversity in Actual judicial practice.