On The Interpretation Of Legal Concept In Hard Cases

In judicial practice, there are so many hard cases of which how to understand a particular legal concept will directly affect the judgment. In such cases, it is still remaining questions whether the legal concept can cover the particular facts, the judges need to interpret the relevant legal concepts for clarification, so that it can be accurately applied to specific cases. The reasons of such hard cases are the vagueness and the ambiguity of legal concept, the different components and characteristics of the reasons determine different solutions of the interpretation of legal concept in hard cases:vague legal concept that the denotation is unclear requires the judiciary make the best interpretation for the specific boundaries of vague legal concepts, so the vague legal concept should take the objective theory as a interpretation goal, and to to get proper understanding according to balancing of interest; ambiguous legal concept that the connotation and denotation are both unclear requires the judiciary to explore which standard the legislator to adopt when he construct the legal concept, so the ambiguous legal concept should take the subjective theory as a interpretation goal, and to to get right understanding according to historical interpretation and systematic interpretation.