2009•Journal of Fujian Administration InstituteRequires access
On the Legal Interpretation of Legitimacy
Huang Chun-ya
Open publisher page 0 citations
Abstract
In judicial application,the case facts as minor premise is included in the process of legal regulation as major premise which key link lies in the legal interpretation of judicial personnel.Because of vacancy in the structure of legal language and the subjectivity of legal interpretation,one legal regulation has a series of legal interpretation conclusions.While aiming at one specific case,only one conclusion is the best,namely,having the legitimacy and being the most reasonable and this best conclusion is the proper legal interpretation.Gaining legitimacy legal interpretation needs guarantee both of entity and procedure.