Study On The Classification Of Rules Of Legal Interpretation

Since the ninety’s of last century, the research of legal interpretation in China is around the topic of the necessity of legal interpretation, the nature of legal interpretation and the practice topic of legal interpretation. After many years of accumulation, the scholars to many problems for the basic theory of legal interpretation has a more clear understanding. This is the achievements of study legal interpretation in China. However, this stage the object of the study is too focused on the basic theoretical issues, and the the source of knowledge is more from western philosophy. So, this situation leads our current legal interpretation to abstract and even philosophy. The bottleneck on this state results in practice guidance ability quite embarrassment. Generally, the legal interpretation is a practical law. Therefore, the current study is inclined to forget the original intention of legal interpretation, and it tends to deviate from the original intention of the academic research on legal interpretation. So, study on legal interpretation is not as before only focused on the basic theoretical issues, operational issues and more attention should be paid to the legal interpretation. In order to break the current predicament, we must express the complex legal interpretation principle with the form of simple rules. This is the requirement of legal interpretation has embarked on the second stage, what is named the legal interpretation rules. Based on this background, this paper research subject is based on the legal interpretation rules, the object of this paper is to extract a set of significant operable and applicable legal interpretation rules from the complex legal basic principle, and intents to use the form of rules to express the legal interpretation operational requirements, so as to enhance the application value of legal interpretation in the judicial practice.The status research about legal interpretation rules takes on decentralization, simplification, and fewer. It can be said that the research of legal interpretation rules in our country has not formed a complete practice field. In the current situation of the research, how to carry on the research in practice becomes the first problem to solve. In this regard, this paper takes research on the classification as the starting point in the basic research method. Based on some feasible criteria, though classification for different types of legal interpretation rules, and then realize system grasp of the legal interpretation rules. On the classification strategy, learns depth from the continental law system and Anglo American law system classification. On the whole, the formation of the legal interpretation is substantive rules and linguistic rules as two basic types; in detail, based on the legal interpretation rules problem oriented, in order to explain the elements of standard legal interpretation, departs the linguistic rules into semantic rules and system rules, and departs the substantive rules into the intention rules and the purpose rules.After choosing the classification standard, in the first chapter of this paper discusses the general theory of legal interpretation rules. The general theory of legal interpretation rules is the theoretical foundation of this paper, and is an important basis for us to accurately understand the legal interpretation rules. If we cannot understand what is legal interpretation rules, what problems it can solve; and whether the legal interpretation rules can solve these problems, the legal interpretation rules system is lost the foundation. Moreover, the research of the current legal interpretation rules is more simple,about the basic connotation, the problem orient, the function, nature and value exists different degree consciousness, so it is necessary to take the general theory of legal interpretation rules as the first chapter of the text. In the first part of the first chapter analyzes the problem to be solved, that legal interpretation rules is to solve the problem of the proper application of canon of interpretation. The reason why takes this way for studying on problem oriented and not on defining the concept is that on the one hand the scholars consciousness on legal interpretation rules has different understanding, that is difficult to simply summarize.on the other hand, the legal interpretation rules point out what problems it to be solved is more value than define the concept. After defining the problems the legal interpretation rules to be solved, this paper presents on this issue, and on this basis summed up the two dimensions of legal interpretation rules. One is the application theory of the legal interpretation rules, this level dimension of legal interpretation rules is to solve the problem of specific interpretation canons. The another is the order of legal interpretation rules, the level dimension of legal interpretation rules is to solve the various interpretations applicable order and effectiveness among the canons. On this basis, from the judicial perspective analyzes the possible contribution of legal interpretation rulesThe second chapter mainly discusses the classification of legal interpretation rules.Firstly, summarizes the two representative viewpoints in China, and puts forward the classification method in this paper. Then, from the two aspects of form and essence respectively, discusses the canons of legal interpretation and the canons derivative from the interpretation canons.On the third chapter, this paper reconstructs the linguistic rules. Firstly, the paper analyzes the semantic interpretation rules. Those interpretation rules are to solve the application of semantic canons when and how to apply to the question. Because the semantic canons are the first clues to read legal texts, so the semantic canons in the application order is absolute priority. Due to the limitations of the semantic canons, so that it has the only preliminary effect, and summarizes the semantic canons that has priority applicable effect. On this basis, the semantic canons generally shows the common meaning and special meaning in two forms, so according to different situations according to the common meaning or special the meaning of the interpretation, summed up the common meaning rule and special meaning . rule. Because there has conflict between common meaning rule and special meaning rule, so when they have conflict that should obey the special meaning rule priority rule. After solving the problems in the application of the semantic canons, the third part mainly elaborates the system canons, those interpretation rules mainly solve the system canons when and how to use. According to the normative requirements of the system canons sums up the exhaustive semantic canons when we use system rules, and sums up some specific canons, such as Consistent meaning canon, Ejusdem generis canon, Noscitur a sociis canon and No surplusage canon.The fourth chapter focuses on substantive rules. First, this paper explains the intentional rules, those rules mainly solve the canons when and how to interpret the law. Due to its factors beyond the literal meaning of legal texts, only without the linguistic rules can we use the intentional rules, so as to summarize the canons of the intentional rules. On this basis, this paper summarizes specific issues related to intentional rules and summarizes specific interpretation canons. These interpretation canons require the interpreter to stand on the position of legislators, from legal texts or legislative data found the legislator’s intention. On this basis, it also summarizes the operational methods of using those rules. Those rules not only require to ensure the conclusion relevance to the legislative intent, but also they should ensure the conclusion be beneficial to promote the overall harmony of law. Then, this paper analyzes the purpose rules, those rules mainly solve the purpose canons when and how to apply the problem. Due to its factors beyond the literal meaning of legal texts, only without other rules can we use the purpose rules; moreover, due to the canons of purpose can be used as evaluation standard on legal texts, so in the case of legal text against the justice, they can be applied to the purpose canons, and they are the rules what the purpose rules should obey to. As for the specific purpose of canons should be avoided subjective purpose instead of the legal purpose, based on this principle, by reading the law text, or obeying order theory finds the legal purpose of specific cases. On this basis, it requires the interpreter to determine the relevance between the conclusion and legal purpose, if there is a variety of legal purposes which requires to interpret with the principle of proportionality, thus draws the final conclusion of the interpretation.The fifth chapter analyzes how to use those legal interpretation rules. Firstly, this paper sums up several erroneous application of legal interpretation rules. Then, we demonstrate how to properly understand and apply legal interpretation rules, which not only helps us to deeply understand the legal interpretation rules and response to many questions about the value of the legal interpretation rules. Finally, we point out several specific methods we should follow in the process of applying the rules.