Title: The Consideration of "Take the Law as the Criterion" in Legal Sociology
Abstract: It is a judicial principle defined clearly in Chinese law of the people's courts shall base itself on facts and take the law as the criterion,and it is also the place to distinguish the rule by law and rule by people basically.Stressing and adhering to this principle has fundamental significance. However,inspecting with the eye of legal sociology to the law text and interactive behavior between the text and judge should be strengthened in the process of law applying.As influenced by the specific preconceived idea, different judge has distinct or opposite view to the text to be interpreted, and it may also influence the justice of law sometimes.Therefore,only by overcoming the contradiction between legislation and judgement,limiting the proper range of legal explanation can we construct a relatively complete and objective understanding of law.
Publication Year: 2002
Publication Date: 2002-01-01
Language: en
Type: article
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