The Position Of Legal Interpretation

When the law is specifically applied,its essence is to carry out legal interpretation.What kind of position the judge stands for interpretation will affect the outcome of the referee.According to different standards,legal interpretation positions can be classified differently.Formal interpretation and substantive interpretation have always plagued judges as two different explanations of position.Formal interpretation derives from formalistic legal thinking.Formal interpretation requires that judges adhere to the principle of law and respect the rules;Propositional law is deterministic;In the use of interpretation methods,it emphasizes formal interpretation methods(literature interpretation,system interpretation,historical interpretation,etc.)The substantive explanation is that it arises from the mode of essentialism,and it addresses the problems and defects that may arise in the form of interpretation.It is believed that the certainty and objectivity of the law are only wishful thinking in the form of interpretation.Advocates judges in the referee process to consider more than social,public opinion,policy,ethics,justice and other factors other than the law,of course,the interpretation method used is the purpose of interpretation,sociological interpretation,legal interpretation and other substantive interpretation methods.In the judicial process,formal interpretation and substantive interpretation are always shifting.However,the position of legal interpretation is ultimately a mode of thinking and value judgment.The tradition of law has a major influence on the choice of position for legal interpretation.In view of China's tradition of “emphasis on forms”,it is also influenced by the trend of Western substantivalism.It is easy for judges to interpret the law to ignore existing regulations;the most basic requirements of the rule of law It is the governance of the rule.In terms of the rule of law in our country at the present stage,the formal explanation is more concerned with the substantive interpretation,and more emphasis is placed on the regularity of the law.The abuse of judges' discretionary power is restricted as much as possible and the power of judges is restricted.Therefore,it is necessary to insist on formal interpretation.The main position is supplemented by substantive interpretation.