Human Nature Foundation of Administration of Justice

Abstract

The administration of justice is the activity to apply criminal law. Human is the subject of judicial activities, so the judgeJudge is the subject of the administration of justice, who is in the core position. The research of judges from the perspective of human natureHuman Nature is of great significance to investigate the human natureHuman Nature foundation of the administration of justice. A judicial activity is a process where judges apply the law, during which two vital links are included, which are statutory interpretationStatutory Interpretation and discretion. Through statutory interpretation and discretion, the law applies to individual cases. Statutory interpretation and discretion are technique-related issues on the application of the law. However, if we limit ourselves to the technique level, we could barely reveal their true values. Only by setting out from human nature can we uncover the general rules of statutory interpretationStatutory Interpretation and discretion on a deeper theoretical level.