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The Research On Objectivity Of Interpretation Of The Constitution Of Our Country From The Perspective Of Hermeneutics

Posted on:2017-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:P Z ZhangFull Text:PDF
GTID:2336330488478049Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Hermeneutics theory has important influence on the legal interpretation, which changes the explanation from methodology to ontology. For constitutional interpretation, we shall pay more attention to the function of the constitutional interpretation subject, and the interpretation purpose shall focus on the fusion of horizons between the interpretation subject and the constitutional text rather than pursue the framer's intention. In doing so, we can enhance the applicability and flexibility of the constitution and realize the historical existing of the constitutional interpretation.Hermeneutics theory provides a new comprehension thinking for the objectivity of constitution interpretation. The objectivity makes the correct repeat of the framer ' s intention exist no longer, and makes the effective historical consciousness of the interpretation come true. In other words, the understanding of the constitutional interpretation objectivity should be the effect objectivity, namely the interpretation must achieve the unity of social effect and legal effect to pursue the historical existing of the interpretation effect.At present, our country's constitutional interpretation system is imperfect, it still has problems such as nonstandard interpretation practice. These problems seriously affect the constitution explanation objectivity, and the constitutional interpretation has a long way to go to play its role in the process of constitution implementation.Through examining and weighing the aspects of constitutional interpretation subject,objective, methods, etc., this paper chooses suitable subject, objective and methods of constitutional interpretation according to the present situation of our country's constitutionalism, and puts forward opinions to enhance our constitutional interpretation objectivity.
Keywords/Search Tags:hermeneutics, constitutional interpretation, interpretation objectivity
PDF Full Text Request
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