The Construction Of Three Patterns Of Legal Hermeneutics

At present, the society of Chinese is undergoing a rapidly changing time, and the development of legal system is facing new challenges. On one hand, people try their best to establish a relatively stable law system; on the other hand, the reality of social reforming requests the law to be more flexible, which is in need of the judges to carry on the"interpretation"when they utilize the law, in order to accord with the reality."Legal hermeneutics"is a unique method of generalized"legal interpretation".With the aid of philosophy hermeneutics, legal hermeneutics mainly emphasizes the understanding of law meaning, instead of simple adopting of those fixed regulations, which includes the searching of the meaning in the condition of rule vacancy, the selection of making a choice when the collisions meet some legal principles, and the combination of reaching a agreement by exchanging with each other in a multi-culture society. And finally the three patterns of"legal hemeneutics"recommended in this thesis are given rise to.The first pattern introduces how the judges to apply legal hermeneutics to fill the open texture in a relatively complete law condition, The second is how to present the principle argument through "chain thinking" and how to make a choice between different principles in complicated cases. The third kind focuses on the "dialogue negotiations" hermeneutics, which responds to people, and comes to legal judgments eventually in a modern society when the"public deliberation"require is rising.Although "subjective" is highly stressed, yet, the three patterns of legal hermeneutics means to express the thought of "essential " by means of its "objective". Finally, legal hermeneutics can certainly provide more theoretical resources and operational guidelines to legal practice, guiding China's legal construction, though it fails to do everything.