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Interpretation On The Objectivity Of The Civil Law And Implementation

Posted on:2011-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:G F XuFull Text:PDF
GTID:2166360308469051Subject:Civil and Commercial Law
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The aim of the explaining of the written law is to understand and interpret the civil law so as to get the the basis of civil cases,and make it the standard of civil war. The method of this research and he derivative problems has become the important research object of science.But the objective explanation is the civil law, to judge the understanding of applicable law in order to follow an objective methods but not according to the interpretation of the subjective comments to explain or applicable law, the law of justice.The process of the realization of the objective law interpretation is the to invite result of the objective interpretation and further explain the law of scientific explanation, and to realize renew the law method.The explanation of the objectivity of civil law problems can be divided into two levels.Here discussed below:One is the objective law interpretation;this is the goal of the objective law interpretation:The second is the process of civil judgment explanation of the value objective questions,this is the way of explanation objectivity civil law. Because most of the legal documents is to determine the target, as explained in civil law of civil law standard in the text, the objectivity of civil is easy. Then, according to the problems of the civil law of value judgment to different interpretation of the text, how to make its judgment invaluable so as to achieve objective law of explanation objectivity.Valualuable judgment is the core problem of explaining the civil law, and its nature of interpretation is to interpret his own valuable judgments.The development and scientific of Civil Hermeneutics both indicate that making value judgment be objective is possible and is able to be achieved.Civil dogmatic through value judgment of argument rules,a method of integrating Value judgments into the application procedure of law, make this kind of method and value judgment be associated and be interacted with each other. As a scientific methodology, since Civil dogmatic has its own practical,stability, inspiration, demonstrable ethnical and objective characters,etc.It is possible to use system-based and scientific approaches to integrating legislation and justice.Therefore,trying to make value judgments be objective,hoping that making the Explanatory goal of civil law is objective,with the destination of interpreting the law objectively.
Keywords/Search Tags:civil law interpretation, objectivity, value judgments, civil dogmatics
PDF Full Text Request
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