Study On The Formal And Substantial Classification Of Legal Interpretation Methods

The intention of classification to each kind of legal interpretation methods is to find the sequence and eliminate the application logic confusion, the same intention is to achieve the purpose of legal interpretation. The classification of legal interpretation method is according to certain criteria to divide the variety of legal interpretation methods in some forms, so that we can have a objective understanding to the same sequence method. The classification research on the legal interpretation is the foundation of the legal research, is a arrangement for variety of legal interpretation methods. It shows "the rule of law in China" consciousness of problems, and shows the thinking process of application of law, and it also guide the law research and practice. As the legal interpretation methods of continental law system, the statutory interpretation of Anglo-American law system countries also needs legal interpretation rules. The rules only guides the thinking process, is not mandatory for application, it is the embodiment of the judge’s thinking form when he interpret the law. At the same time, different interpretation rules with different degrees of freedom, different position of interpretation, therefore, in order to prevent the confusion of thinking or contradictory phenomenon in the process of legal interpretation in Anglo American statutory, it needs to classify the interpretation rules though specific standard. Study on the classification of statutory interpretation rules, is not only reflect the research status of our country’s classification about interpretation methods, but also beneficial to strengthen the theoretical significance of China’s legal interpretation methods classification,and it can clarify the positions about different interpretation methods. Combined with the present stage of the construction of the rule of law in China, it can look for suitable standards on classification for the construction of "the rule of law in China", so as to construct the classification system of legal interpretation methods, for the construct the concept and the guidance of judicial practice.Through the study of our country’s legal interpretation methods, points out that the classification of legal interpretation method is more chaotic. One of the reason is people thinking about rule of law, the rule of law or legal thinking shows different forms. Second, China’s judicial tradition pays attention to social effect, emphasizes the pragmatism of the law. Legal interpretation methods are also used to solve the problem as a starting point, the principle of legal interpretation methods, the position and the suitable rules and no system analysis in this paper. Three is the relationship between judicial power and legislative power and executive power is complex, and the judicial power is difficult to play its proper role, and the judicial power is often relegated to the administrative power, judicial power pays too much attention to its political functions, lack of their own role in shaping society, jurisdiction loses its independence.This paper holds that we can refer to the classification of Anglo-American statutory interpretation rules. Though the investigation of Anglo-American statutory interpretation on the classification of interpretation rules, it is pointed out that the classification about interpretation rules mainly explain three categories, the institutional canons, linguistic canons and substantive canons. And further pointed out that not all Anglo-American statutory interpretation is strictly using the classification method, this classification is only according to one standard of division. The Anglo-American has its special classification. Therefore, due to the different concepts and judicial traditions of the rule of law, the analysis of the classification of statutory interpretation shows different classification criteria.This article hold that we can draw lessons from the common law statutory interpretation classification standard. When we interpreter the statutory, we should pay attention to the institutional rules which is as a theory of interpretation. For the process of interpretation is always accompanied by restraint and activism, conservative and creation, so the linguistic canons and substantive canons is the foundation classification of interpretation rules.We need to reconstruct the classification of legal interpretation methods in our country by means of the classification of the Anglo-American classification of interpretation rules, and construct a linguistic (formal) interpretation method and substantive interpretation method which is suitable for our country context.Finally we will review our context of rule of law, that the construction of rule of law in China should be based in reality, and that we should summarize the problems in the construction of rule of law, in view of the problem of the rule of law construction commence the classification of legal interpretation methods. what emphasizes that the linguistic (form) interpretation methods should focus on application, and limit the application of the substantive interpretation methods. Through the perspective of power and right against about different types of cases, points out the requirement and field of application on the linguistic (form) and the substantive interpretation methods.