On The Methods Of Legal Interpretation

The correct application of law requires proper legal interpretation. The exact meaning of the legal terms shall be made clear; the indefinite legal concepts or the general provisions shall be made concrete; the conflict of legal norms shall in particular be made reconciled. Therefore, to master the method of legal interpretation and to use it properly is of great importance. This article started its narration from introduction as to the development of the history of jurisprudence. It introduced the jurisprudence of concepts in nineteen century and the free law movement emerging thereafter, pointing that the jurisprudence of concepts restrained the development of the theory of legal interpretation and showing the significance of free law movement as to alleviating the obsolescence, uncertainty, indistinction of written law. Then it analyzed the necessity of the legal interpretation according to the reality in China. The said article classified the methods of legal interpretation into three ones, that is, the legal interpretation in narrow sense, the value supplement interpretation, the gap-filling-up interpretation. In analysis it utilized case study as well as concept analysis, to prove the specific methods of construction, including semantic interpretation, logical interpretation, analogical interpretation, teleological restraint interpretation, teleological extension interpretation, creative supplement interpretation and the value supplement interpretation as to the indefinite concept and general provisions. The said article especially emphasized the method of the sociological interpretation and further reviewed the significant judicial policy, say, the coincidence of legal effect and social effect, in the aspect of sociological interpretation. After analyzing the intension of legal effect and social effect, it showed concordance between the two kinds of effects. Pursuit of legal effect does not simply mean applying law into cases mechanically. To take social value into consideration when referring to law, fits in with the very meaning of judicial justice. In the era of dramatic changing of society, the judges should give thought to a variety of considerations to draw a judgment in accordance with justice and conscience.