Civil Justice Difficult Issue Answers (General Civil Law Application Part)

Author: Lü Zhongmei
Publisher:
Publish Date: 2004-01-01
Features: Throughout the process of judges presiding over cases, the search for law is always present. When judges apply law to a specific case, it necessarily involves their understanding of that particular legal norm. It is precisely for this reason that the principle "law cannot be applied without interpretation" holds universal significance. Although judges' interpretation of law differs from that of legislators or the highest judicial authorities and lacks general binding force, for individual cases and parties involved, it is a direct and concrete manifestation of legal authority. Therefore, the role of judicial interpretation cannot be underestimated or ignored. Indeed, any legal interpretation cannot and should not be arbitrary; it must adhere to certain principles and rules. Only by correctly grasping the fundamental principles of legal interpretation can judges provide a proper interpretation of the law. Among various methods of legal interpretation, textual interpretation remains the most fundamental and important. This method serves as the starting point and cornerstone for judges to understand and apply the law. If it can be considered that judges generally follow the principle of treating similar cases similarly or pursuing legal certainty in their application of law, then a shared understanding of legal concepts, legal principles, and legal systems is the prerequisite for realizing this principle.