Exploration Of Legislative Intent

In the field of legal interpretation,the dispute between the subjective interpretation theory and the objective interpretation theory has always been "the struggle of legal culture".Many similar concepts are intertwined.Most people think that the objective interpretation theory is objective and the subjective interpretation theory is subjective.They think that the objective interpretation theory is more in line with the standards of rational people and the development of the rule of law and the subjective interpretation theory easily leads to the change of law application.But this is only an intuitive illusion.The subjective interpretation theory and the objective interpretation theory have been dubbed the misleading names.In fact,the objective interpretation theory is subjective and the subjective interpretation theory is objective.And for legal interpretation,the exploration of the legislative intention from the perspective of subjective interpretation theory is also a reasonable path.Whether as an explanation goal or an explanation method,exploring the intent of legislation in the field of legal interpretation cannot be ignored.This article is based on this point of view and the subjective interpretation theory and semantic analysis of the meaning of the text for the argument.We combine the argument and evolution of the subjective,the objective interpretation theory and the rationality of exploring the legislative intent from the perspective of subjective interpretation.The feasibility is demonstrated,and the path,method and limitation of the legislative intent from the perspective of subjective interpretation theory are analyzed in order to defend the subjective one.The full text is mainly divided into five parts:The first part mainly introduces the evolution of the subjective interpretation theory and the objective explanation theory.It mainly focuses on the intertwining and differentiation of the intentionalism and the textualism,the subjective interpretation theory and the objective explanation theory in the development evolution.It mainly distinguish the differences of different concepts and clarify the true meaning of the subjective interpretation theory and the objective interpretation theory.The main purpose is to prove that "the objective explanation theory is not objective and the subjective interpretation theory is not subjective".The second part is to prove the legitimacy of the legislative intention from the subjective interpretation theory.This part is demonstrated from two aspects: the legitimacy of pragmatics and the justification of subjective and objective argumentation.From the perspective of pragmatics,it mainly analyzes the characteristics of texts,analyzes the basis of texts,the formation of concepts,the classification of things,and the characteristics of communication meanings.It then transitions to the interpretation and argumentation of legal texts.Exploring the legislative intent has natural legitimacy.From the perspective of subjective and objective controversy,this paper examines the objective interpretation theory and analyzes various problems in the interpretation of objective interpretation theory.And analyze the advantage of exploring the intent of legislation under the the subjective interpretation and then promote it.The third part demonstrates the feasibility of exploring the legislative intent from the subjective interpretation theory.This part mainly responds to the various questions of the intent of legislation from three aspects of ontology,epistemology and legitimacy,and demonstrates the feasibility of exploring legislative intent from the side.The fourth part mainly analyzes the path mode and method of exploring the legislative intention under the subjective interpretation theory.In the path mode,the specific requirements and defects of the communication mode and reconfiguration mode are mainly introduced.In terms of interpretation methods,it mainly analyzes the legislative intent from the purpose of interpretation,historical interpretation,interpretation of textual meaning,interpretation of systems,and explanation methods of interpretation methods by means of specific interpretation methods.The fifth part mainly analyzes the limits of the subjective interpretation theory when we seek legislative intent.This section mainly summarizes the limit requirements that should be followed when exploring the legislative intent.It mainly analyzes the limits from the following four aspects: interpreting authority,core meaning,system harmony,predictability,and acceptability.