2003Unpublished venueRequires access

Expounding the lssue of Judiclal Interpretation in China from Concrete Judiclal Interpretation

Hou Hai-yuan

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Abstract

Judicial interpretation is an inexorable means that makes possible the application of laws and regulations.Chinese current judicial interpretation serves as a strong theoretical guide in the practical application of laws,but there remains some dissatisfaction.Using as the standard Resolution of Reinforcing the work of Judicial Interpretationwhich was passed by the Standing Committee of the National Congress in 1981,the author,by emphasizing some concrete judicial interpretation,points out the flaw and deficiency in Chinese current judicial imterpretation,for the purpose of eliciting consideration for the reform of the system of legal interpretation,so as to improve this system in China.

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What this paper is about

Judicial interpretation is an inexorable means that makes possible the application of laws and regulations.Chinese current judicial interpretation serves as a strong theoretical guide in the practical application of laws,but there remains some dissatisfaction.Using as the standard Resolution of Reinforcing the work of Judicial Interpretationwhich was passed by the Standing Committee of the National Congress in 1981,the author,by emphasizing some concrete judicial interpretation,points out the flaw and deficiency in Chinese current judicial imterpretation,for the purpose of eliciting consideration for the reform of the system of legal interpretation,so as to improve this system in China.

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Available abstract

Judicial interpretation is an inexorable means that makes possible the application of laws and regulations.Chinese current judicial interpretation serves as a strong theoretical guide in the practical application of laws,but there remains some dissatisfaction.Using as the standard Resolution of Reinforcing the work of Judicial Interpretationwhich was passed by the Standing Committee of the National Congress in 1981,the author,by emphasizing some concrete judicial interpretation,points out the flaw and deficiency in Chinese current judicial imterpretation,for the purpose of eliciting consideration for the reform of the system of legal interpretation,so as to improve this system in China.

Key concepts: Interpretation (philosophy), Judicial interpretation, China, Law, Political science, Judicial activism, Resolution (logic), Judicial review

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