On The Judicial Application And Limitation Of Subjective Interpretation

Legislation once adopted have been killed.Legal interpretation makes it possible to application of law and legal development.Interpretation of the law has been subjective and objective arguments. Subjective interpretation says that the law aims to explore "the will of the legislator".Insisted objective scholars say that the law may be more intelligent than the development of their people,and the purpose is to explain the significance of the legal text of the law as the basis of memory to search "the law will".This paper theoretically analyzes the subjective objective interpretation from two aspects.On the one hand,A judicial activity attributes and the subjective objective interpretation of its attributes fit decide to apply the subjective objective interpretation of rationality;On the other hand, this paper explains the subjective objective interpretation and other interpretation methods effective convergence perspective. This paper argues that the subjective objective interpretation is based on a formal source of law interpretation of the establishment in the legislation of the will of the people or the legislative materials, explore legislators to the legal text in fact mean as the goal, including the legislative purpose single or whole set of sources of law.Subjective purpose explain only in judicial application can truly reflect the value of it.There has been little discussed for subjective interpretation of the purpose of their property. I have attempted to summarize the general legality, objectivity, and consistency in four aspects in order to better explain the intrinsic mechanism of the application.Subjective purpose combination of explained their own properties and attributes of judicial activity, are built from internal subjective purpose to explain the basis of applicable norms.Explanation limitations applicable for subjective purpose, you need to apply subjective purpose explained on the forms, entity content restrictions, and focus on the subjective interpretation of purpose and meaning explains thepurpose and objective combination of explained.