Reconstruction of Legal Interpretation
Zhu Zhen
Abstract
Zhu Zhen
Abstract
The dispute of the should be mainly attributed to the chaotic system of methods.Therefore,the key point of the reconstruction of is to find a reasonable position in the system of methods.On the one hand,it implies ideology of the judicial decision in the system of methods,which fundamentally determines that the should be subject to the legislator or assert creative work.On the other hand,legal interpretation,under the theoretical framework of reasoning,closely links to the substantive reason behind and eventually translates into the legal argument with related evidences.It not only highlights the significance of its methodology,but also rationalizes its relationship with the other methods.Based on this,the should do subtraction work,which is giving up the correctness guarantee of the application,setting boundaries of application,rationalizing the methods list and being committed to the development of rules of interpretation to enhance the operability of judicial practice.
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The dispute of the should be mainly attributed to the chaotic system of methods.Therefore,the key point of the reconstruction of is to find a reasonable position in the system of methods.On the one hand,it implies ideology of the judicial decision in the system of methods,which fundamentally determines that the should be subject to the legislator or assert creative work.On the other hand,legal interpretation,under the theoretical framework of reasoning,closely links to the substantive reason behind and eventually translates into the legal argument with related evidences.It not only highlights the significance of its methodology,but also rationalizes its relationship with the other methods.Based on this,the should do subtraction work,which is giving up the correctness guarantee of the application,setting boundaries of application,rationalizing the methods list and being committed to the development of rules of interpretation to enhance the operability of judicial practice.
Key concepts: Interpretation (philosophy), Correctness, Argument (complex analysis), Legislator, Ideology, Epistemology, Computer science, Subject (documents)