Legislative Interpretation And Judicial Interpretation Of The Interaction Between Research

Law shall be subject interpretation to apply.The current interpretation of the lawsystem in China are less mature, is still going on the abolition of legislative interpretationand judicial interpretations, legislative interpretation virtual home, judicial interpretationof the prosperity of ultra vires and other problems. Legislative interpretation and judicialinterpretations belong to the right to legal interpretation, legislative interpretation andjudicial interpretation of the advantages and disadvantages, and in many wayscomplementary to the presence of functional, two association studies, not only canimprove the interpretation of the law system, to promote the development of legislativeand judicial, also has great significance for China’s rule of law process.This article is divided into three chapters explore the interaction between legislativeinterpretation and judicial interpretation. Explain the concept in the first chapter,legislative interpretation and judicial interpretation, and both the historical development ofmodern reflection on legislative interpretation and judicial interpretation of a theoreticalanalysis. Section of this chapter from the three aspects of the theoretical, legalrequirements and mode of operation to explore the concept of legislative interpretation andjudicial interpretation to determine the logical starting point of the study. Section II,through historical investigation, combing western law to explain the context ofdevelopment and gain useful insights, improve the accumulation of material for laterlegislative interpretation and judicial interpretation;The second chapter, by comparing the research, make full use of the data, legislativeinterpretation and judicial interpretation of the conflict in empirical research. Legislativeinterpretation lose its power, long-term virtual set, and the status of occlusion and theprocedures are not standardized, and legislative interpretation is almost replaced byjudicial interpretation; judicial interpretation of a strong development, but explained thatthe main confusion and explain the contents of the abstract suffering legitimacy questioned.Chapter Ⅲ, the use of empirical methods, combined with specific case studies,starting from China’s actual outlook of legislative interpretation and judicial explain bothlong-term future, and obtained both the necessity and the possibility of coexistence.Legislative interpretation compatible with our constitutional system, and its authority, thenormative protection of universal social justice; judicial interpretation because of itsnature more creativity and flexibility to help the case of justice, while promoting thedevelopment of legislative and judicial achieved.Legislative interpretation and judicial interpretation of the conflict may disrupt thesocial balance, which exposed the deficiencies of the system of legal norms, and providesan opportunity to reflect on inadequate or excessive. Face the legislative interpretation andjudicial interpretation of the conflict, more detailed, systematic investigation of theconflict, the two association studies, legislative interpretation and judicial interpretation ofthe basic ideas and measures proposed to improve the overall knowledge.