A Brief Discussion on Judicial Interpretation
Zheng Hui
Abstract
Zheng Hui
Abstract
In the long history,there has been a probably tradition of judicial interpretation in China,which has established a modern system of judicial interpretation.However,due to the different meanings between China's judicial interpretation system and the western judicial interpretation system,and the concerns about abuse of power,China's judicial interpretation system has been challenged.However,the function of judicial interpretation,which makes up for the lacks of practical legislation,requires the judiciary adjudge actively.As a result,in the process of improving judicial interpretation system,we should expand the Space for judicial interpretation.
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In the long history,there has been a probably tradition of judicial interpretation in China,which has established a modern system of judicial interpretation.However,due to the different meanings between China's judicial interpretation system and the western judicial interpretation system,and the concerns about abuse of power,China's judicial interpretation system has been challenged.However,the function of judicial interpretation,which makes up for the lacks of practical legislation,requires the judiciary adjudge actively.As a result,in the process of improving judicial interpretation system,we should expand the Space for judicial interpretation.
Key concepts: Judicial interpretation, Interpretation (philosophy), Judicial activism, Judicial review, Judicial discretion, Law, Political science, Legislation