當代中國法律解釋探究.pdf

1、中南民族大學碩士學位論文當代中國法律解釋探究姓名：叢濤申請學位級別：碩士專業(yè)：法學理論指導教師：雷振揚20060401當代中國法律解釋探究 IIAbstract In the progress of the rule of law, how to apply the law is one of the focus problems which carry out the rule of l

2、aw, but we can't neglect the research to the legal interpretation in order to answer this question. If we can’ t attach importance to the legal interpretation, the law can’ t proceed smoo

3、thly; the law can not be applied correctly without scientific interpretation. The legal interpretation develops more and more important function in the rule of law. The Mechanical thought that r

4、egards the person of applying law as vending machine hasn’ t already adapted the realistic development of law, and it is impossible for law to include all methods of problem- solving, then it

5、 needs to depend on comprehending and participation of persons to keep prosperous vitality. But the legal interpretation has to have certain limit in the aspects of organization, object, methods

6、, value and power scope etc. So it can strengthen legal basis in order to insure the normal movement of legal interpretation. The system of legal interpretation is built up gradually with mode

7、rn reform of judiciary in China. The annunciation of 《the resolution about strengthening the work of legal interpretation by the Standing Committee of the National People's Congress》in 1981

8、symbolized the establishment of our country’ s legal interpretation, including legislation interpretation, jurisdiction interpretation, administration interpretation. From the analysis of contemporary syste

9、m of Chinese legal interpretation, many problems are discovered, such as diverse organization of legal interpretation, exceeding power, the contrary position of legislation interpretation, lack of concrete

10、 operation system and neglecting judge interpretation etc. In the light of the defects of the system of legal interpretation, it’ s necessary to set up right system of legal interpretation. If