"Finding Law" and "Making Law": Methods of Judicial Application of Law

Author: Guo Weihua
Publisher:
Publish Date: 2005-03-01
Features: This book aims to address the legal application methods encountered in practice. Therefore, in terms of structure, it differs from traditional works on legal interpretation and legal methodology. It does not pursue absolute uniformity in systematic completeness and logical standardization, but instead strives to summarize and generalize in a way that closely aligns with judicial practice and the judicial language familiar to judges. This approach may sacrifice some theoretical depth and logical rigor, but it gains greater recognition due to the rich practical summaries and diverse interpretations, especially in guiding practice. After all, for highly practical legal methods, it is better to evaluate the appropriateness of various academic viewpoints in specific practice rather than debating their correctness or superiority. This book is one of the few specialized works in China that comprehensively discusses the methods judges use to "find law" and "create law" from the perspective of judicial trial practice. It is a result of judges and legal workers who possess both a solid foundation in legal theory and extensive practical experience, combining theory and practice in a highly integrated manner. It represents a rational reflection and summary of judicial practice experience, making it both a teaching manual for judges instructing other judges and a specialized work on legal principles. It is a rare and valuable contribution in the field of legal methodology.