2009Journal of University of South ChinaRequires access

On the Configuration of Legal Interpretation Right

Yujuan Li

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Abstract

Our legal system has experienced the process from private interpretation to official explanation.The legislative,executive and judicial organs currently share legal interpretation.However,such configuration causes a series of problems,such as the legal basis lack of constitutionality and legality,the inversion of legislative and judicial interpretation,as well as the confusion of judicial in practice.Hereby,this paper gives some advices including drafting uniform legal law,endowing the right to court and realizing the co-existence of individual-case and uniform legal interpretation,based on the analysis of root causes.

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Our legal system has experienced the process from private interpretation to official explanation.The legislative,executive and judicial organs currently share legal interpretation.However,such configuration causes a series of problems,such as the legal basis lack of constitutionality and legality,the inversion of legislative and judicial interpretation,as well as the confusion of judicial in practice.Hereby,this paper gives some advices including drafting uniform legal law,endowing the right to court and realizing the co-existence of individual-case and uniform legal interpretation,based on the analysis of root causes.

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Available abstract

Our legal system has experienced the process from private interpretation to official explanation.The legislative,executive and judicial organs currently share legal interpretation.However,such configuration causes a series of problems,such as the legal basis lack of constitutionality and legality,the inversion of legislative and judicial interpretation,as well as the confusion of judicial in practice.Hereby,this paper gives some advices including drafting uniform legal law,endowing the right to court and realizing the co-existence of individual-case and uniform legal interpretation,based on the analysis of root causes.

Key concepts: Constitutionality, Principle of legality, Interpretation (philosophy), Law, Political science, Judicial interpretation, Legislature, Confusion

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