The Application Of The Legislative Purpose In Justice

The legislative purpose applies the judiciary to eliminate the rigidity of the statute law, makes up for the law loopholes and judge the rationality of the reasoning. The legislative purpose is different from the intent of the legislators which originated in the intention of the legislators and played an important component,but over the intention of the legislators for the interpreter’s intervention.This makes the legislative purpose to explore ways to include not only the terms of the purpose, content and architecture, also including the legislative history information and legislative documents. Meanwhile, due to the limited rationality of legislators, There are loopholes in legal inevitable, so the legislators did not take into legislative purpose is to explore from the authority of the legal theory that the normal value proceed. The legislative purpose make significant defects on judicial,, so the judge to follow certain rules should be applied, I think we should obey the objectivity rules, hierarchy, rules and system rules. In addition to follow the necessary rules, the judges also apply to the legislative purpose should consider two questions:the limits of application and applicable context. Only consider the above factors, the application of the legislative purpose would be a satisfactory system, which both provide guidelines for the administration of justice, and to prevent the arbitrary discretion of a judge.