Consideration of “Creation” in Legal Finding: From the Formulation of Limitations of Law and the Judge’s Own Initiative

Zhiwen ZHANG

Abstract


Legal finding, which limits the free discretion originally, is out of the shape under the deduction of Jurisprudence of Concepts. Teleological Jurisprudence, the Jurisprudence of Interests and Jurisprudence of Free Law etc. vie with each other to analyze and reduce the “soul” of judicial process on this condition. Even though “creation” has been elevated to the height of “life” of the law, it’s very essential to look through and consider “creation”, which is the key point of clearing the origin, from the standpoint of the limitation of statute law, activity judges possess themselves, understanding of law’s creativity and jurisdiction operation.


Keywords


Legal finding; Creation; Jurisdiction; Judge

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References


Liang, H. X. (1995). The hermeneutics of civil law. Beijing: China University of Political Science and Law press.
Shen, Z. L. (1998). Comparison method calibration. Beijing: Peking University Press.
Yang, R. S. (1999). Methodology of jurisprudence. Beijing: China University of Political Science and Law press.
Zhang, Z. M. (1998). Operation analysis of legal interpretation. Beijing: China University of Political Science and Law press.




DOI: http://dx.doi.org/10.3968/4276

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