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Analysis Of Ancient China Legislative Interpretation

Posted on:2004-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:J P LiuFull Text:PDF
GTID:2156360122970155Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In a sense, the law interpretation, as well as the legislative interpretation, is the core and basis of law. As one kind of authoritative interpretation, the legislative interpretation appears when the law was drawn up, and has much influence on the activities of law which cannot be replaced. Although the study of China academic circles on the theory and practice of the legislative interpretation has made some progress, it is not thorough and demands us to go deep into the study to do some good to the contemporary theory and practice of law.This article is to make an objective analysis on the system of ancient China legislative interpretation from conception, contributing factors characteristics and methods of interpretation, illustrating that the ancient China legislative interpretation has undergone a historical course with breeding, developing and maturing. This article is also to estimate it objectively with a goal of attracting more attention from the academic circles.The author thinks that the name of legislative interpretation itself reflects one system of powers, which was set up legally. There are three major contributing factors namely the limitation of legislation, the limitation of law and the political law tradition of a single-system and centralized country. As far as the characteristics are concerned, we can express the ancient China legislative interpretation through the subject, the object, the nature of varieties and the nature of special function. As far as the methods of ancient China legislative interpretation are concerned, there are three major kinds. They are the methods of interpreting the literary meaning, the methods of interpreting the reason and the methods of special interpretation. From the analysis we can seethat there were already a set of standards and a series of advanced legislative technology, for which we should sing high praise.
Keywords/Search Tags:Ancient China, Legislative interpretation, Conception and contributing factor, Characteristics, Methods of legislative interpretation
PDF Full Text Request
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