Study On Ontology Of Civil Law Interpretation

Theoretical study on law interpretation always is limited to Jurisprudenceunder the domestic condition. Though discussing theories of lawinterpretation in some works of law, certain of scholars simply illuminatethem as mini-branch of legal methodology. As far as law itself, study onsubstantial law is too attentive to emphasize procedure law, and the moreimportant is that theoretical study on legal interpretation is disturbed by theclassified methods of legislative, judicatory and administrative interpretation.Works studying on methodology of law interpretation are abundant whilethose on ontology of it are rare. So, this situation is far away from thewestern study on law interpretation theory. Whether western scholars orcelebrated Judges all study law interpretation theory based on the field ofjudicatory practice and pay good attention to the applying value of lawinterpretation. In our country, scholars are unwilling to study the lawinterpretation theory in practice and Judges are unable to study it due to thereality of professional publicity. The author feels that how sluggish ourresearch into the law interpretation theory is affects the improvement ofjudicatory level. Pointing to this situation, the author selects this task, refersto the basic theoretical constructer of western law interpretation as mainmethods, abandons the thought of simple methodology, finds the truth fromthe ontology and aims at improving the judicatory level.The purpose of this thesis is to make law interpretation theories walk out of the field of pure philosophy and jurisprudence, and let more Judges learn the method of law interpretation to direct judicatory practice. This thesis includes five parts:The first part main explains the theory of law interpretation, that is, the authority of law interpretation must return to the judicatory practice.The second part illuminates the body of law interpretation-Judge, and makes what law interpretation explain clearly though explaining and revealing on the concept of law, researching on the sources of law, explaining on the facts of law and making certainty of the "meaning signifying".The third part analyzes the objective of law interpretation, makes the implication of law interpretation located to the judicatory practice, and establishes the body of law interpretation through reflecting our law interpretation system, arranging interpretation theories of legislation, jurisprudence and administration.The fourth part analyzes methods of law interpretation, main discusses the "element theory" and explains the relationship between law interpretation and legal supplement, then locates the law interpretation on original activities of Judges conforming with the spirit of law, and discusses the free authority of Judges.The last part discusses the field of law interpretation and draws a conclusion that the final purpose of law interpretation is to hunt for the social harmony.