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On Appliance of Semantic Interpretation in Civil Action

Author: WangXingGuo
Tutor: ShangGuanZuoLiang
School: Suzhou University
Course: Legal
Keywords: Civil trial Legal interpretation Semantic interpretation Priority Application
CLC: D90
Type: Master's thesis
Year: 2011
Downloads: 70
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Abstract


Legal interpretation is the prerequisite and foundation of applicable laws in all lawsuits without exceptions in civil action. Semantic interpretation is one of many kinds of legal interpretations, which is generally regarded as the foundation and core of legal interpretation and methods as well as having priority to all other methods of interpretations. Semantic interpretation is the explanation and comprehension on the basis of literal meaning of legal norms that are usually used, and the outcome of the interpretation will be applied in the process of the trial. Semantic interpretation has its own functions and rules in civil action. Main problems at present in civil actions of our country are that judges have not strong awareness to apply the method of semantic interpretation and less understanding of priority of that and that the diversity of the standpoint of judges leads to different interpretation conclusions etc. The author suggests that the method of semantic interpretation should be strengthened in civil actions of our country though defining the power of judges to interpret law, persisting the principle of priority of the method and promoting the applicable level of judges to use the method.

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