On The Choice Of The Legal Interpretation Method Of Judicial Practice

Legal interpretation has broad and narrow sense. Narrow interpretation of the law refers to the terms of the legal norms and the context made explanation and description. The broad interpretation of the law means, to realize the complication of the legal regulations, carrying out the activities which are to achieve the precise meaning of the law. The meaning of legal interpretation method includes four aspects: First, the method of legal interpretation is the feasible path of interpretations' operation; second, the legal interpretation method is the principles of operation to be followed; third, the interpretation method is the shape of the legal operation results; fourth, the method of legal interpretation is the reasons used to approve argument of the legal interpretation. Commonly used interpretation methods, including textual interpretation, teleological interpretation and systematic interpretation. Judges' choice of interpretation of the law in simple cases, the theory of the rank thinks should insist on textual interpretation keeps the absolute priority; practice, judges usually choose textual interpretation to explain the law, but this is just a high probability event determined by the basic properties of the simple cases. The judges choose the legal interpretation in complicated cases, rank theory maintains that judges should follow from textual interpretation to systematic interpretation, then, teleological interpretation to other interpretation methods to select; the reality is that, judges choose legal interpretation law methods flexibly, according to the specific explanation needs in different cases. Because of the textual interpretations' conclusions need other interpretation methods to prove, systematic interpretation probably impossible to determine the “context”, and teleological interpretation only in the cases that are able to search for the “purpose” has meaning. So it cannot always believe choosing the method of legal interpretation we should follow the absolute rank relationships. Interpretation of the law is necessarily subjective, and the formation of judicial judgment requires value referee, so the judge choose the method of legal interpretation is influenced by those factors, like measuring the effect of adoption of the law, ethics and judicial experience. And in order to solve practical problems, focusing on enhancing the skills and quality of the judge is more important than establishing the rank theory of the legal interpretation.