View Of Justice Interpretation Of Expression Of Intention

The paper takes the interpretation of expression of intention as its object, and studies the factors, influencing expression of intension, from three aspects.The first part concentrates on the subjective factors, which contrary to the objective factors, are relevant to the subjects and can be controlled by human beings. There are three characteristics for this kind of factors: non-objectivity, people-oriented and flexible value orientation. Non-objectivity means that there is not a unified objective criteria from the form of subjects; people-oriented means that the contents of subject are determined by the parties; and flexible value orientation means that the individual value of parties or interpreters functions. Then the forms of subjective factors are studied. The tool to declare the intension—the limitation of language, determines that it is necessary to interpret the declaration of intension. This limitation is represented mainly on the innate imperfectness of the tools, which leads the flaws of declaration of intension. The main reasons of the imperfectness can be summarized as semantic fuzziness, changing and dissatisfactory. The semantic fuzziness means that the language, with clear core meaning, will expand its meanings, which make its denotation fuzzy, so that the interpretation should appear to explain the meanings correctly. Language will change with the development of society, which makes it necessary to ensure its correct meaning, especially meaning of specific things. Many utterances are not perfect so that interpretation of it can stop disputes effectively. For example some party may use this imperfectness to make agreement which is unfair to the other party. Therefore, in this case interpreting the intension is an effective way to ensure the real meaning and to avoid disputes. The principle of interpreting, as the general guidance of interpreting, is the most subjective factor, the establishment of which directly determines the starting point and destination of the interpretation of expression of intension. Based on the analysis of"le principe du consensualisme"and formalism, the principles are raised to maintain the steady of legal relations. Le principe du consensualisme indicates that the aim of interpreting the intension is to find or probe the real intension of actors, and the subjective thoughts of parties is the starting point of interpreting; While the formalism emphasizes that the essence of expression of intension is but not limited in the innate intension of actors, and the declaration of intension is consisted of expressed outside meanings ultimately. The principle, to maintain the steady of legal relations, indicates that the interpretation of declaration of intension can not rely only on the guidance of le principe du consensualisme and formalism, but should take the aim of maintaining, in maximum limit, the steady of legal relations as its basic principle.The second part concentrates the analysis on the objective factors which influencing the interpretation of expression of intension. First it is discussed about the subjects of interpreting, which will tell who are the interpreters or who finish the interpretation. The interpreters in the paper are fixed on the legal participators, taking the parties as core. In this part, different traditional theories are analyzed. (1) The interpretation of intension exists every place; (2) The true basis of the intension declarers; (3) Self-position of the judge. The pervasive existence of interpretation of intension means that the intension needs to be interpreted since it has come into being. The subjects of interpreting should be the participator of the relevant actions, who knows the real intension. The judger should be the subject of judgment, while the subject of presuming and arguing the facts should be relevant parties. Another important object factor is the starting time of the interpretation, because there will not be interpretation when the expression of intension does not begin. In order to clarify the starting time, the analysis should be made from two points: (1) the relation between the understanding and interpreting of intension, and (2) the time of intension declaration. The target, as the premise of interpreting, should also be an important objective factor. The target of interpreting is the objects of the intension declaring. And only if the scope of interpreting is clarified, the detailed operation can be underway.At last, the analysis is on the methods of interpretation of expression of intension, which is the most concrete contents of judicial interpretation. The author introduces the basic methods of interpreting, and then analyzes briefly the operation principles of these methods. First, the author distinguishes the difference between the interpretation of expression of intension and interpretation of law. The four methods of interpretation of intension declaration are interpretation of meanings, of aims, of conventions and of honesty. The interpretation of meanings , also called the principle of interpreting words, is the basic way to ensure the meaning of intension. Three points should be noticed in using this way: (1) the interpretation should base on the meaning of written language; (2) the interpretation should not be limited on the literal meaning; and (3) not all meanings are in the consideration. The interpretation of aims means that the aim of parties should be taken as one important criterion for the interpreter. However, it should be noticed that the interpreter should differentiate the methods of interpretation of law and of intension declaration. The interpretation of conventions, one important method in field of civil conduct, plays an important role in compensating the holes of intension declaration. The following principles should be obeyed: (1) the conventions are known by both the parties; (2) the convention is not agreed to be excluded; (3) as to the convention, familiar to one party, can be used as criteria of interpreting only if it is agreed by the other party. The interpretation of honesty is the implement of honesty principle in hermeneutics. It requires the parties to interpret the expression of intension according to the understanding of a honest person. The profit of both parties should be considered, and the two parties fix the contents of deal and treat each other impartially. The parties can not make interpretation in improper way which may is against the other party's interest. The rule of how to use these methods is also taken into consideration. The rule in the paper is as follows: taking the interpretation of meanings as the basis, implementing the interpretation of aims and conventions into practice in accordance with real conditions, and putting the interpretation of honesty, as way of principle, in the most fundamental position.