Take Rules And Norms As A Whole

The Supreme People's Court Guide case is a System innovation for unifing standard of law,improving judicial efficiency and promoting justice.It agglutinated trial experience of Courts at all levels of our country.,It is a typical case of legal interpretation while exploring the thinking processes at the same time.We must make a reasonable explanation for the Guide case instead of apply them.During the judicial application of Guide case,because of the natural conflict between the Natural conflict and the case law,.The hermeneutic of ontology is an important method of hermeneutic,so it has a unique significance of methodology interpretation of legal.This text figure on the analysis of People's Court Guide case of The Supreme through using the method of hermeneutic of ontology.Further more,there will be other interpretation method for contrast.In the end,we will find the criticism of hermeneutic of ontology is wrong.It is inclusive and concise that what hermeneutic of ontology for other ways of legal interpretation,which contains a great deal of theoretical tension.It reduced gap between”Author Center”,”Reader Center”and”Text Center”.And it has a vision "plying between facts and norms”.There're 5parts of this text except introduction and conclusion:Part1,the text begins from introducing the hermeneutic perspective of Guide case system,making the nature meaning and intrinsic functions of Guide case clear, that is used for interpretating the law.This article will take the Guide case as the carrier,steering it Analysis the legal interpretation.So we have to clear information about the system itself.Part2,The study of applications and challenges which methodology explained will meet in the definite Guide cases.Whether subjective or objective hermeneutics theory interpretation,it has to follow the unbridgeable which shaped the interpretation methods and interpretation of conclusions and legal effect of the gap.Although methodological rules of hermeneutics demonstrates clarity and system side.in the face of the complicated social context of legal interpretation issues,interpreters may have to turn to other methods.Part3 and Part4 take the above content,reveals the methodology of interpretation of trouble,by ontology comparison between hermeneutics and methodology of hermeneutics.The 2 part discussed advantages of ontological interpretation from both theoretical and specific cases.Hermeneutics methodology characteristics of strong induction and fusion of horizons could be well finished the task of The interpretation of the laws,for example,Searching for "intent", judicial guidelines, rules creation etc.Legal interpretation is neither a literal literal "law" : an interpretation,nor should be given too much freedom to create and reshape.Because time is changing,hermeneutics methodology's supporters may think that the significance of law is changing,while supporters of ontological interpretation tend to admit that rule of interpretation itself is not consistent.Part5 is no longer confined to specific cases ranges.Hermeneutics of ontology is not just used for interpretation of the law,it eventually goes into social life.Even in the world of Justice,it has both correlationis with judicial activism and judicial restraint.Forestall, the "foresight" position of interpreter also need to be issued.Conclusion in this paper responses to the questions of ontological interpretation.And its tries to dispel arbitrary, one-sided view of it.Clear the meaningof the applicable to the legal interpretation of this interpretation.On the basis of this,the strengthening original connotation of the ontology of law interpretation and as an important mission of legal methodology,with Remodeling the real face.