Analysis On Law Interpretation Under The Perspective Of Philosophic Hermeneutics

Philosophic Hermeneutics is one of the most well-known knowledge in the 20* century which not only influenced other philosophy thoughts thoroughly but had wide and great effect in moral and social sciences fields, even Natural Sciences fields. In domestic academia, there are lots of research production about interpretation of law. But access to the method of the research belongs to methodology. This paper does not means to the exclusion from the methodology. Actually, the importance of the methodology about the interpretation of law are gradually increasing in less than 100 years periods. The author just wants to indicate that methodology, as main content and the basic characteristic of the interpretation theory of law, is not the whole contents of that. The article is trying to find another way to the study of jurisprudential hermeneutics in terms of the ontological perspective. Speaking concretely, based on the basic principle and practice character of Philosophic Hermeneutics, the article aims to rethink Chinese jurisprudential hermeneutics on theory and practice for distinctness from traditional theory of interpretation of law which put stress on method and technique.The article consists of introduction, main parts and the remaining discussing of the essay. The main parts have three chapters.In introduction part, by introducing two methods on the research of interpretation of law, indicate that this paper belongs to hermeneutics category.The chapter one deals with the resources and main ideas about Hermeneutics and Philosophic Hermeneutics in terms of the representative scholars' thoughts and point of views. Also in this chapter, Friedrich Schleiermacher, Wilhelm Dilthy, Martin Heidegger, Hans - Georg Gadamer's hermeneutics theories are introduced one by one. Especially, Hans - Georg Gadamer's Philosophic Hermeneutics theory(there are three core concepts in his theory: pre-understanding, effective history and fusion of horizons) plays a guide roles in jurisprudential hermeneutics' study.The chapter two and chapter three are core parts in the essay.In chapter two, through analyzing Philosophic Hermeneutics's clearing up to two ways of interpretation of law (objectivism mode and subjectivism mode) and pre-understanding, horizon amalgamation and discretion in field of jurisprudential hermeneutics, its dynamic quality and productive quality have been analyzed entirely.The chapter three analyses Chinese jurisprudential hermeneutics system pointing out that Chinese jurisprudential hermeneutics system consider lawmaker as center position and analyses the reasons. Combined with the Philosophic Hermeneutics theory, I put forward two suggestions to perfect Chinese jurisprudential hermeneutics system.In brevity remaining discussing , I supplement the character and morals of our judges and puts stress on it. That's because no matter how perfect a theory is , it will be fulfilled by people. As main body of interpretation of law, the quality of our judges are becoming more and more important.