On The Theory Of The Interpretation Of The Implied Manifestation Of Intent

Rapid development of modern society requires people to faster and moreconvenient way of making meaning. Every intention is strictly in accordance with thelegal requirements to clear and formal way does not meet the efficiency requirementsare unrealistic. In everyday normal social life, people tend to use simple, conventional,or tacit way to indicate your intentions. This kind of behavior intention is not clear,and need each other through other means of presumption of objective factors, referredto as implied meaning. Implied meaning that although conforming to the demands ofsocial development, but cannot guarantee accuracy in every time, often due tomisunderstandings and disputes between the two sides. But because of the weaknessof the theory of implied intention to explain and legislation is not perfect, leading tothe implied meaning that explain the resolution of disputes is not appropriate. In thiscontext, this article through research on the theory of implied intention andexplanation, meaning rich theory and the construction of a legal system, so thatChina's future civil code more in line with social development trends andrequirements.This study attempts to find the essential characteristics of the implied declarationof intention that different from the express declaration of intention. Through researchand reflection on the traditional theory in the past, believes that the representation ofthe implied declaration of intention is not the essence characteristic, but proposed the"ideographic indirection" is the essence characteristic. Pursuant to the views on theconcept of implied declaration of intention basic issues such as the types andcomposition, and characteristics make the perfect, the implied intention of trying tobuild a unified ontological platform, change the confused situation in the past. In myview, past research that could not be explained to provide universal interpretation ofthe standard system, the root cause is that never build a unified system ofepistemology, leading to implied declaration of intention unclear boundaries with theexpress intention, and also the kinds of the implied declaration of intention.After the ontology based on the"ideographic indirection"is completed, by understanding the characteristics of the implied declaration of intention, an attempt bythis article is to build a universally applicable regulation of the interpretation. Theexplanation of the implied declaration of intention, mainly to solve is how todetermine whether the implied that is set up. And discussed from the consideration ofvalue, the selection of the principles, the rules of interpretation. The value conflict andbalance problems in the interpretation of implied, the traditional values and autonomyshould be restricted and breakthroughs, giving priority to protection of transactionsecurity and efficiency, and ultimately social essence of the whole fair. On theselection of the principle of explanation, due to the pursuit of different values,traditional principle of the interpretation, like explore real intention, and the principleof honesty, have their own limitations and can not works well. So to meet its values,the fundamental principle of the explanation of implied should be the principle ofreliance. Based on objective position protect the reliance interest of the counterpart,and balancing the relative interests in equity. On the issue of rules of interpretation, Ibelieve that a reasonable reliance is the key to determine whether the implieddeclaration of intention is established. The relatively reasonable reliance and theliability of the perpetrator is a two aspects of problem, complement each other. Basedon the rational position of people in general, and the relevant objective factors, on theone hand study whether there is a basis for liability, on the other review of reliance isreasonable, ultimately determine whether the implied meaning that exists.Finally, by recognition the essence characteristic of the implied declaration ofintention, and perfection of the system of interpretation, carding and summary themain content, features about the implied in our present civil law and analysis of itsdefects. Then put forward a sound proposal, and try to find a seat for the implieddeclaration of intention and explanation in China's future civil code.