The Theoretical Study In The Interpretation Of Legal Act

Being a branch of the legal act theory, the interpretation theory of legal act should be comprehensively conducted on the basic of the legal act theory. Nevertheless, there are many different conceptions in theory and practices of our country's civil laws, which result the relative reseaches on the interpretation theory of legal act being uncompleted and superfical, consequting a vacuum in the reseachs of the interpretation theory of legal act. This paper attempts to make the interpretation theory of legal act in order, which expects to provide some inspiration for the subsequent researchersThe topic of this thesis is, the theoretical Study in the interpretation of legal act--Take the private law as a basis. The full text is divided into foreword, text four seals, conclusions, amount to more than 30,000 words.The foreword of the thesis has mainly explained this chosen topic'meaning,current research situation and proving way of the writing. By the introduction of the foreword, I hope that I can clarity the premise consideration about the problem that raises my interest to discuss this issue and the knowledge approach to the conclusion.There are four chapters in the main body. Separately carry on the content of the interpretation of legal act , the targets and objectives of the interpretation of legal act, as well as legal act interpretation of specific rules .Chapter 1 mainly discusses the basic content, nature and the theories meaning of the interpretation of legal act. The article will be firstly clear on the definition of the legal act interpretation as the narrow legal act interpretation. It means the court or arbitral institutions which accepts Civil disputes make legally binding analysis and note according to the legal act and its relevant information. At the same time, the interpretation of legal act is not the same as the interpretation of the declaration of will and Legal interpretation. And it is a legal issue in nature.Chapter 2 goes deeply into the problem of the interpretation of legal act'object, taking legal act theories as supports . It pointes out that the legal act interpretation'object doesn't only mean declaration of intention, but also including the special elements, that is, delivery and forms.Chapter 3 talks about the target of the interpretation of legal act.This paper will address different targets by different objects of the interpretation of legal act. On the target of the interpretation of the declaration of will, according the different declaration of will, there are different targets. The declaration should be accepted takes the attributed principle as the target; and the declaration should not be accepted follows the form idea person's meaning. Meanwhile , for the special elements of legal act ,we should objective it as a rational man .Chapter 4 studies on the specific rules of the legal act interpretation and its use, through the related research of methods of legal interpretation. The thesis cites six specific methods as the text righteousness explains rule, whole explain rule, purpose explain rule, habitually explain rule and trustworthiness explain rule. During these rules , there is a rank. They will conflict in the usage, so the thesis puts forward a solution.In the conclusion, the article draws conclusions by summarizing the whole text.