On Application Of Objective Interpretation In Civil Trial

Objective Interpretation refers to the legal norms of right as the goal, by seeking the purpose of the legal standard to determine the true meaning of legal text. As one of basic methods of legal interpretation, to explain in a civil trial has a unique value of theory and practice. This paper starting from the basic theory of objective interpretation,by discussing to explain the history of the origin and concept, explain the concept to define the purpose, and summarize its function. On the analysis of the civil law and on the basis of the characteristics of civil trial, the article expounds the objective explanation on the necessity of civil trial, and objective interpretation is summarized in the civil trial use of the existing problems including conservative and excessive, lack of use of rules, the lack of power of interpretation of the judge. Finally, the article in view of the objective interpretation on the problems existing in the civil judicial practice,from raising the judge to explain the rules of interpretation skills, purpose, and clear the judge interpretation from three aspects to perfect and develop purpose to explain its application in the civil trial. The purpose of this paper is to emphasize civil judicial practice in our country should pay attention to the application of objective interpretation,and tried to explain on the analysis of the purpose, on the basis of problems exist in the process of using, puts forward a set of operable to explain the purpose of the rules, the aim to explain fully the appropriate application in civil trial.