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Legal interpretation of the rank

Author: RenGuoSong
Tutor: WangXiaZuo
School: China University of Political Science
Course: Legal Theory
Keywords: Applicable Law Legal interpretation methods First sexual relationship Legal argumentation
CLC: D90
Type: Master's thesis
Year: 2011
Downloads: 418
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Abstract

Legal interpretation of the bit order problem in the field of law known to everyone , and the domestic and international jurisprudence on this issue has a more extensive discussion , the theoretical value and practical significance to say the least . But regrettably, so far no formation of a person for the legal profession generally recognized bit sequence mode. Really as bad as some jurists say , without a fixed bit sequence model to follow you ? Or make a legal professional who is not related to the process of legal interpretation of certain rules to follow you ? In order to clarify these problems, this work an attempt, in the domestic and foreign jurists put forward a variety of different bit order theory based on the analysis , argumentation theory into partial results in order to make the issue a new answer. For a long time , theorists explain why the law is not able to approach the bit order to reach a more consistent view , the primary problem is that the role of the law and its interpretation is not accurate enough understanding of the nature . Therefore, in the interpretation clarifying the priority of each relationship before , we must be of legal interpretation of the role and nature have a basic grasp of the first chapter of this thesis is the main content. The role of legal interpretation is that it is a transition to the origin of the law of legal norms conversion rules . The legal profession who has not a kind of \Therefore, the legal principles of interpretation methods typically have the nature . When different methods of legal interpretation conflict between the time should weigh or measure a variety of methods to determine which method is more weight. Therefore , we say that a variety of interpretation methods exist between certain priority relations . The second chapter focuses on the priority of different scholars at home and abroad theoretical model for a certain relationship between the review and summary. In this one, we affirmed Larenz semantic interpretation is explained on the starting point of view, and that constitutional interpretation should also be interpreted as a method to be considered. Meanwhile, McCormick and Summers on \Alexy argumentation theory , especially the introduction of such methods of legal interpretation problems breakthrough. The paper also carried out some other bits in order theory of the review , which is reasonable in the affirmative , while ingredients , and you order theory inadequacies made ??instructions. This third chapter in the absorption of some of the theory of argumentation based on the results of the different interpretation of the rank or priority among sexual relations for a new arrangement , accompanied by a related argument . Chapter Three types of methods of legal interpretation issues have been defined , and that there is semantic interpretation, systematic explanation , interpretation legislators intent or purpose , objective teleological interpretation , historical interpretation , comparison and interpretation of interpretation, and seven types of constitutionality . We apply these methods at the same time explaining , should fully consider the value behind each interpretation basis . On this basis , the article focuses on the interpretation of the seven categories of the relationship between the priority of the new arrangements and demonstration, to form a new bit sequence mode. Finally, do a certain sum , and expect by this new theoretical model can apply in legal uncertainty to a minimum range , in order to ensure that a particular law determines the maximum degree of While rationality.

Legal interpretation of the rank

Abstract

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