2010Unpublished venueRequires access

A Brief Discussion on Judicial Interpretation

Zheng Hui

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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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What this paper is about

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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Available 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.

Key concepts: Judicial interpretation, Interpretation (philosophy), Judicial activism, Judicial review, Judicial discretion, Law, Political science, Legislation

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