轻罪法庭实践中法规适用与解释的挑战

M. Jeličić
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引用次数: 0

摘要

笔者分析了在轻罪法院实践中一直存在的规则适用与解释问题。本文指出了轻罪法院行为的范围和复杂性,但也指出了规则规范方面的缺陷是法院实践中的一个主要问题。笔者感兴趣的主题是作为轻罪法院基本活动的法律适用的基本原则,这就是为什么要考虑法律规范的结构和事实问题与法律问题的区分。然后,分析了法院解释规则的概念,并指出了在实体轻罪法中应用这一类比的危险性。笔者认为,法院对规定自然人客观责任的规定的解释问题以及对规定的不同解释是导致法院实践参差不齐的原因。本文列举了大量的法院判决,以此为依据,指出法律机构对轻罪责任进行法院解释的重要性。笔者通过理论方面和丰富的判例法,分析了一些有争议的问题,并提出了解决问题的方法,得出结论,轻罪法院法官在日常工作中面临着很大的挑战,涉及到法规的适用和解释。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
CHALLENGES OF APPLICATION AND INTERPRETATION OF REGULATIONS IN THE PRACTICE OF MISDEMEANOR COURTS
The author analyzes the always current issue of application and interpretation of regulations in the practice of misdemeanor courts. The scope and complexity of the matter in which misdemeanor courts act is pointed out, but also the fact that shortcomings in the regulation of regulations represent a major problem in court practice. The subject of the author's interest are the basic principles of application of law as the basic activity of misdemeanor courts, which is why the structure of the legal norm and the distinction between factual and legal issues are considered. Then, the notion of court interpretation of regulations was analyzed and attention was drawn to the dangers of applying the analogy in substantive misdemeanor law. The author considered the issues of court interpretation of regulations which provide for the objective responsibility of a natural person and different interpretations of regulations as the cause of uneven court practice. Numerous court decisions listed in the paper served as a basis to point out the importance of court interpretation of legal institutes for misdemeanor liability. Through the theoretical aspect and rich case law, the author analyzed some controversial issues and offered solutions to the problem, concluding that judges of misdemeanor courts in their daily work have great challenges related to the application and interpretation of regulations.
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