Research On Interpretation Of Implicit Meaning

The concept of tacit expression is opposite to that of explicit expression.Explicit thinking indicates that the outside world can know its intention directly according to its expression;tacit thinking indicates that its intention needs to be inferred from its behavior.The expression of tacit intention is different from the expression of explicit intention,mainly for certain behavior or silence.The first part explores some basic issues needed in the follow-up study of this paper.All implied expression belongs to the category of silent demonstration should have the indirect characteristic of expression.When defining it,we should examine whether an act or a specific silence needs to infer the meaning of the actor indirectly,so as to distinguish the implied expression from the explicit expression.After the nature is unified as the expression of intention which needs to be presumed,the expression of tacit intention can be divided into three categories according to the different ways of expression: inferential act,presumptive silence,and genuine reservation(to which the playful act belongs).The litigant appeals to the court to explain whether the silent intention is established or not,and the judicial adjudicator interprets it.The interpretation of tacit expression of intention aims at whether the expression of intention is valid or not,and its interpretation subject is a judge.For the purpose of its interpretation,this paper synthetically discusses the two theories of intentional ism and expressionism,and adopts the normative interpretation theory proposed by Lorentz.The second part discusses the value and principle of implied meaning interpretation.Taking the value of justice as a balanced result of freedom and order will guide the choice of interpretation principles in the future.Under such a balanced value orientation,the author believes that the principle of seeking truth can not be abandoned,and its responsibility should be examined from the perspective of the ideograph as the starting point principle.The principle of trust is more important for the interpretation of implied meaning,and the result is deduced from the recipient's point of view.The principle of good faith should run through the whole process,covering both parties and the subject of interpretation as well as the whole process of interpretation.The third part puts forward specific interpretation methods.Under the guidance of the principle of interpretation,the interpretation method should choose objective interpretation to obtain the normative meaning applicable to both sides.In order to get the meaning of this norm,this paper proposes the construction of a triangular framework of interpretation,that is,to examine the parties from the standpoint of rational person,to determine the relevant responsibilities of the ideograph-er and to analyze whether the trust of the relative person is reasonable,so as to determine the risk-taking.The interpreter is based on the objective factors when the act or silence is made.Referring to the context of the contract,the author cites the "language" context of the implied interpretation,including the trading habits,the "habits" of the parties and the previous acts or promises,as evidence for the interpretation.The fourth part discusses the legislative expression and the possible direction of the relevant legislation in China.Comparing the relevant legislation of the United States and Germany with that of our country,this paper mainly focuses on the contract law,aiming at a more intuitive understanding of the interpretation of tacit expression of ideas.It also investigates the application of this Law in China with case analysis.Finally,it puts forward legislative improvement measures based on the analysis of the whole article.