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

Full Text:

PDF

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%2F4276

Refbacks

  • There are currently no refbacks.


Reminder

How to do online submission to another Journal?

If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:

1. Register yourself in Journal B as an Author

Find the journal you want to submit to in CATEGORIES, click on “VIEW JOURNAL”, “Online Submissions”, “GO TO LOGIN” and “Edit My Profile”. Check “Author” on the “Edit Profile” page, then “Save”.

2. Submission

Go to “User Home”, and click on “Author” under the name of Journal B. You may start a New Submission by clicking on “CLICK HERE”.


We only use three mailboxes as follows to deal with issues about paper acceptance, payment and submission of electronic versions of our journals to databases:
caooc@hotmail.com; sss@cscanada.net; sss@cscanada.org

Copyright © 2010 Canadian Research & Development Centre of Sciences and Cultures
Address: 730, 77e AV, Laval, Quebec, H7V 4A8, Canada

Telephone: 1-514-558 6138
Http://www.cscanada.net
Http://www.cscanada.org
E-mail:caooc@hotmail.com