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Yaohui, Jiao Qingyang: Reorientation of Judicial Interpretation in the Times of Civil Code

Abstract: Judicial interpretation acts as a substantive source of law because of its legislative character and also plays a guiding role in judicial proceedings in our country. Under the horizons of the codification of Civil Code, judicial interpretation belongs to the customary law in the legal source provisions of the General Provisions of the Civil Law, which should continue to assist legislation and guide the judicial activities. At the same time, the judicial interpretation should be properly arranged and merged. According to typical cases, the development path of the right of privacy in our country provides a model for the above-mentioned functions of judicial interpretation.


Keywords: juridical interpretation; sources of law; custom; customary law; right of privacy


(Editor: XU JING)

 
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