| Judge' s power of legal interpretation is a precondition for the judge to apply law to cases. If there is no power of legal interpretation, the judge will not be able to apply the law to umpire the case, because the law itself can not automatically carry out the will of ruling classes. Therefore, Judge' s power of legal interpretation is the inherent needs for the legal application.The paper includes three parts, as introduction, body and conclusion.Introduction focuses on research in a practical sense, outlining the importance of the judge' s power of legal interpretation, the current situation in China, and the instancy to found the judge's power of legal interpretation with Chinese characteristics. It also explains the reason to the topic.Chapter I analyses the connotation, nature and character of the judge' s power of legal interpretation. It is the judicial power by the Constitution refers to the judge, when the judge link the abstract legal norms, legal provisions and other legal texts with the specific facts of the case in the process of law case, the judge has the judicial forcible power to explain the text of the law and legal facts. It has own unique nature and characteristics.Chapter II analyzes the history and current conditions of the judge' s power of legal interpretation both in the West and China. In the West, legal interpretation always plays an important role both in the Anglo-American legal system oriented jurisprudence and civil legal system oriented complete code. However, in our country, due to various reasons, in the justice system design path, judge' s power of legal interpretation is ambiguous which makes China' s judges only for legal copying, whether past or presentChapter III analyzes base and significance the judge' s power of legal interpretation. As the limitations of legislator' s capacity, language and legislative environment, laws enacted by the legislature have irreconcilable contradictions, which can be resolved only through the interpretation of judges. Therefore, the interpretation of judges is conducive not only to the correct application of the law, but also to achieve individual justice, to achieve the independence of the judiciary, to maintain the appeal system.Chapter IV analyzes the founding way and regulatory system of the judge' s power of legal interpretation in China. In view of our long-standing, unique distribution system of the legal interpretation, the construction of the judge' s power of legal interpretation in the process of modernization should be proceed from China' s actual conditions, not from the copy of Western practices. Meanwhile, in order to prevent the wanton exercise of the judge' s power of interpretation, it is necessary to constantly improve quality of the judge, to reinforce the text of the interpretation, to enhance the supervision to the judge's interpretation.Conclusion further narrates the need and important role to the judge' s power of legal interpretation and the mode in our jural country. |
