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法官的素质概分为两大部分:一是职业道德素质,二是业务素质。在业务素质中,学习和掌握各个部门法的原理、规范就象得到一颗颗子弹一样,是十分重要的,但掌握科学的法哲学或法理学知识和原理,包括法律解释方法,则象拥有了发射子弹的枪支,掌握了瞄准、射击的方法和技能,显得更为重要。 当前,法律解释方法的研究正在成为我国法律研究的一个热点问题。但是,由于起步较晚,理论方面研究还不够深入,而且与实践的距离还比较远。即使现有一些理论研究,也多限于理性思辨、流派评价,明显不能适应当前法官素质培训、教育的需要。这就导致了每日在解决法律争议、适用法律规范,而且最需要这方面理论指导的法官从其中受益微乎其微。这不能不说是当前法律解释理论与方法研究的一大缺憾。而作为国家法官学院的学报,《法律适用》有义务为法官和其他法律工作者提供大家最需要的法律方法武器,有义务为相关法学的研究尽自己的微薄之力。 基于上述考虑从本期开始,我们开辟一个新的理论板块──“法律解释方法”,邀请一些长期从事法理学研究和司法解释工作及其他在法律解释方面有独到见解的专家系统地介绍在法律工作中常用的法律解释方法。我们也将通过案例分析、外国观点介绍、法官办案心得等形式,运用通?
Judge’s quality is divided into two parts: First, the quality of professional ethics, and second, professional quality. In the professional quality, it is very important to study and master the principles and norms of each department law, just as it is to get a single bullet, but it is very important to master the knowledge and principles of scientific jurisprudence or jurisprudence, including the legal interpretation methods, The firearms that fired the bullets, mastered the aiming, shooting methods and skills, it is even more important. At present, the study of legal interpretation method is becoming a hot issue in the legal research of our country. However, due to the late start, the theoretical research is still not deep enough and far away from practice. Even though some existing theoretical studies are mostly limited to rational speculation and school evaluation, they obviously can not meet the needs of current judges’ quality training and education. This has led to daily resolution of legal disputes, the application of legal norms, and most in need of theoretical guidance in this area from which judges benefit very little. This can not but be said that the current legal interpretation of the theory and method of a major shortcomings. As a journal of the National College of Judges, it is incumbent upon the “law applicable” to provide judges and other legal workers with the weapons of law that they need most and is obliged to do their meager work for the study of relevant jurisprudence. Based on the above considerations from this issue, we open up a new theory of plate ── “legal interpretation” and invited some long-term studies in jurisprudence and judicial interpretation and other experts systematic insights in the interpretation of the law introduced in the law Commonly used method of legal interpretation in work. We will also use case studies, foreign perspectives, the experience of judges and other forms of operation.