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Research On The Rules Of Interpretation Of Meaning In Justice Judgment

Posted on:2019-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiuFull Text:PDF
GTID:2346330566466032Subject:Law
Abstract/Summary:PDF Full Text Request
Law is the product of social system.Its purpose is to resolve disputes in social life.However,legal texts and social life are not one to one.Therefore,legal interpretation is needed to achieve effective communication between the two.As the most basic method in legal interpretation,the interpretation of literal meaning has an important role in judicial practice.It is very important to study its application.Among different methods of legal interpretation,the interpretation of the text and the meaning is preferred,which is a viewpoint generally accepted by the academic community.The interpretation of text and justice can realize the transformation from legal norms to referee norms.As the most basic legal method,the literal interpretation method is widely used in judicial judgment,because the interpreter can determine according to the meaning of the article,so as to ensure stability.This article is based on the study of justice.The rules of interpretation of the referee's texts and sentences,through the analysis of cases,understands how judges in judicial practice explain and what rules they follow.In the introductory part,on the basis of a general introduction to the interpretation of the meaning of the text,the article points out the possible problems in the study of the rules of interpretation of the meaning of the text.The first part of the dissertation analyzes the connotation of the interpretation of Wenyi.Although each scholar has its own interpretation of the interpretation of the meaning of the culture and meaning,the core connotation of the interpretation of the literal meaning is based on the interpretation of the legal text;To clarify the interpretation of rules research,it can be seen that the study of the rules of literary and semantic interpretation is relatively rare,and no systematic understanding has been formed.The second part studies the necessity of the interpretation of the text and the meaning,mainly reflected in the static nature of the legal text,incoherency,ambiguity,and the incomplete correspondence with the referee case,which makes the judge in the judicial referee to make legal provisions.The literal interpretation becomes necessary.The third part analyzes the functions and limits of the interpretation of the culture and meaning.The interpretation of the text and the meaning is based on the text.It can limit the discretion of the judge and help to maintain the rule of law.However,the interpretation of the text is not a panacea and cannot solve all the laws.Explaining theproblem has its functional limits,which are mainly manifested in: explaining the non-objectivity of the subject,the separation of the interpretation system,and the exclusivity of the interpretation method.The fourth part explores the basic position of the interpretation of the meaning of culture and meaning.It can also be regarded as the basic principle of interpretation of the meaning of the text,that is to respect the legal text,follow the golden rules and the principle of clarity.The fifth part of the article studies the specific rules of the interpretation of the text and meaning,mainly from the three aspects of semantics,pragmatics,grammar proposed the specific rules of interpretation of the text.Semantic rules focus on the literal meaning of words to explain,mainly including general meaning rules,secondary meaning rules,special meaning rules,technical term rules,reference book rules,and general language rules;grammar rules mainly include syntactic rules,lexical rules,and statement logic.Rules and bilingual or multilingual rules;pragmatic rules are focused on the practical application of language,mainly including contextual and pragmatic logic rules.The article analyzes the basic connotations of the above-mentioned literal meaning interpretation rules and discusses these literal meaning interpretation rules.The specific application in judicial practice is the focus of the article.The article studies the rules of literary and literary interpretation in order to make literary and literary interpretations more operative and effective,and provides guidance for judges in adjudicating cases.At the same time,the rules of literary and literary interpretation and their application can limit the judgment of judges and limit judges.The willingness of the adjudication right,in turn,provides technical guarantees for the legal interpretation of the rule of law,which is conducive to improving the quality of judicial adjudication,increasing the credibility of judicial adjudication,and achieving social fairness and justice.
Keywords/Search Tags:Textual interpretation, The rules apply, Semantic rules, Pragmatic rules
PDF Full Text Request
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