Theory Of The Judge In The Case Of Interpretation

Legal interpretation, as a kind of important judicial practice method, plays an important role in the process of legal application. Judge as the main form of legal interpretation, has been acknowledged and recognized in legislative interpretation of continental law system and the judge case law system and plays an important role on the development of the rule of law. While in our country, the judge’s power of interpretation of the case isn’t admitted, in fact case explanation has been existed in the practice of our country and plays an important role. The aim of setting up the judge case law as a system is to admit that the judge’s activism and the judge’s legal application process, and our country is distributing the legal interpretation to the state organs as a kind of power. This kind of system arrangement doesn’t accord with the requirement of the rule of law and the development of the law. And admitting that the judge has the power of interpretation in the case does not mean its free and random existence and development. In this article, the basic theory is analyzed to prove the necessity and rationality of the power of interpretation of the judge case. And on the basis of the basic theory of its existence of the judge in case law explanation, a throughout explanation is made about its basic theory and the methods of case law explanation existence and the risk prevention of the judge case interpretation.