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The application of the method of legal interpretation issues research

Author: XiangRong
Tutor: WangChengXin
School: China University of Political Science
Course: Legal Theory
Keywords: Legal interpretation methods Context interpretation methods Systematic interpretation methods France, Italy, interpretation methods The purpose of interpretation methods
CLC: D90
Type: Master's thesis
Year: 2010
Downloads: 354
Quote: 0
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Abstract


This paper consists of five parts. Introduction Section I introduces the background of the topics. The judicial phenomenon codefendant different sentence damage the uniformity of law and the authority of the judiciary, in order to change that codefendant different sentence \active discussions to study countermeasures to solve the problem. Different use of the legal interpretation methods lead to \Section II describes the significance of this study. At present, China and the random system judges how to choose the method of legal interpretation legal statute provides that judges choose the interpretation of the law has a great deal of autonomy. In order to restrict the discretion of the judges and safeguard justice, many scholars on the application of the method of legal interpretation issues in-depth study. But the academic world has not yet exist a unified point of view, but also no clear provisions of the relevant laws and regulations of the applicable principles of legal interpretation methods, which is also \issues of legal interpretation of the application of the method to study there is a larger theoretical and practical significance. The first chapter is an overview of the legal interpretation methods, the first interpretation of the law, the legal interpretation of the meaning of the method were defined, then the literal interpretation system explained, France, Italy, explain the meaning and purpose explained, the fundamental value of the exposition. Systematic interpretation, France, Italy, explained and interpreted purposively has its unique function, each with different applicable conditions, therefore, the main content of the second chapter of context, interpretation, systematic interpretation method of explaining the purpose of explanation of the context to explain applicable to the case. The third chapter is to further expand on the basis of the first, second chapter explains the context, systematic interpretation, France, Italy, interpretation and discussion of the limitations of the purpose of interpretation of the applicable process. The fourth chapter focuses on the legal interpretation methods applicable to the problem of mutual relations. At present, domestic and foreign legal experts there is a great debate on the issue, for a variety of legal interpretation methods exists between the rank order applies has the academic point of view is broadly divided into affirmative negation said compromise said. The first section of these three theories were introduced, then its preliminary evaluation. Section II focuses expand the relationship between the views held by the exposition of this article on the legal interpretation method is applicable, this paper support the compromise usually the case, the judge's decision is the integrated use of the results of various methods of legal interpretation, in the face of the special difficult cases, the use of interests in a measurable way to select the interpretation of the conclusion that the judge after the interests of measurable choose to come to the best interests should be protected, and then they choose the surest way to achieve and protect the interests of the interpretation of multiple interpretations conclusion conclusion, the final combination of Xu Ting Ho Peng the case of a brief analysis. Epilogue that legal interpretation method school of jurisprudence, its importance has been increasing and has become the trend of 'the legal empire' of core and between various interpretation methods rank the problem has not been resolved theoretical problems. Confined to the knowledge and ability to commencement of the related issues of legal interpretation methods, surviving many inadequacies, many perspectives are also more superficial, and needs to be further argument, many deficiencies still need to continue to work hard.

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CLC: > Political, legal > Legal > Theory of law (Law)
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