司法对法律体系的完善
江必新司法对法律体系的完善
To Perfect the Legal System through Justice
期刊名称：《法学研究》
期刊年份：
作者：江必新
单位：中南大学法学院
中文关键词：司法;法律体系;司法解释;司法审查
英文关键词：justice;legal system;judicial interpretation;judicial review
中文摘要：
人民法院的司法活动对完善法律体系具有不可替代的独特作用。司法通过作用于法律体系的微观向度、调适过程、法与社会联系的建立、成文法固有缺陷的克服来完善法律体系。完善的具体方式包括司法解释、法律解释、指导性案例、司法审查、司法建议、参与和配合立法、送请有权机关审查和裁决、提出法律案等。对于通过司法完善法律体系，需要树立正确的理念。
英文摘要：
As the main force of law enforcement, people's courts shoulder more significant mission and undertake more prominent and urgent task after the formation of the socialist system of laws with Chinese characteristics. On the one hand, people's courts should indeed enforce the law strictly and fairly, and ensure the effective implementation of the Constitution and other laws. On the other hand, people's courts are also responsible for the development and improvement of the legal system within its sphere of responsibility, in order to ensure the laws obeyed are good. Thus justice plays an irreplaceable and unique role in the improvement of the legal system. Not only the gap between legislation and application of laws needs justice to remove, the contradiction between law-abiding and law-reforming also needs justice to eliminate. Furthermore, the fusion of legal norm and legal character needs justice to refer to, and the combination of the factor of norm and the fact of people needs justice to achieve. Justice perfects the legal system by acting on the micro-dimension and the adaptation process of the legal system, constructing the contact between law and society, and overcoming the inherent defects of the statute law. The specific ways to improve the legal system through justice include judicial interpretation, legal interpretation, guiding case, judicial review, judicial advice, participation in and cooperation with legislation, submitting to the authority to review and decision, introducing legislative bills and so on. To perfect the legal system through justice, we need to establish correct concepts and identify carefully whether the justice can play a role, how it work, and what the functions are.
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