A Study On Modern Legal Interpreting Problems Of China

The interpretation of law is one of the most important subjects in modernlegal theory. Friedrich Carl Savigny, L. A. Hart, Ronald Dworkin and otherjurists had leaved great writings and profound remarks on this topic, whilethey may hold very different opinions. As far as we know, there are quite a lotof translations and introductions of their theories in our legal studies, so theauthor does not attempt to do the same work in this article. Therefore, theauthor will look back the history of the modern legal interpreting, and give aclose observation on its current situation. Comparing with the modern theoriesand the practice of interpretation of law in western countries, the author willsummarize the disadvantage and limitations of modern China's interpretationof law, and try to give some constructive advices and remarks on it.In this article, we will use historical study skills to find the clue of thedevelopment of China's legal interpreting problems. And sociological studymeans will also be utilized to observe the nowadays situation of the legalinterpreting problems. What's more, case study will do its work in our studyas well. Then, we will discuss the factors which may impact the interpretationof law. We will also generalize the main theories of interpretation of law inwest world, and introduce the practical operation and basic system of legalinterpreting in German, France, England and U.S.A.As the conclusion of this article, the author points out that the text of thelegal interpretation is only a starting-point and a bridge of it. What' more, thedivision of the legal interpreting system must be eliminated as soon aspossible, meanwhile, a universal interpretation system must be built up toprotect the consistency and justice of interpretation of law.