Study On Extensive Interpretation And Restrictive Interpretation In Legal Interpretation

As a general norm of universal application,law inevitably involves the interpretation of its contents in the process of practice.The essence of legal interpretation is simply that the interpreter explains or shows its understanding of the meaning of the legal text.At the same time,the interpretation of the law cannot be separated from the application of the relevant legal methods,and the expanded interpretation and the restrictive interpretation,which focus on this article,are not as concerned by most scholars as other legal methods.However,as two small parts of legal methodology,it is still widely used in practice.Neither does the academic community attach importance to its research does not mean that people have been able to correctly understand and Using this pair of concepts,combined with the current research status of expansion interpretation and limiting interpretation,there are quite different views on the understanding of this concept in academic circles,both in theory and in practice.In particular,scholars have not reached a consensus on the theoretical basis of expansion interpretation and limiting interpretation,even on some fundamental issues still controversial.This situation will inevitably affect the interpreter's correct interpretation and application of the legal provisions,and can easily lead to confusion in judicial practice.Therefore,in order to make better use of expansion inter:pretation and contraction explanation in practice,it is necessary for us to focus on analyzing the related problems.It mainly includes the concept and the connotation of the extended interpretation and the limiting interpretation,the basic limit of the application and the difference between it and other easy-to-mix interpretation methods,and so on.This paper is based on the current research on expansion interpretation and limiting interpretation,which is divided into five parts.Among them,the first part mainly deals with the basic theory of expansion interpretation and restrnctive interpretation in legal interpretation.In this part,we discuss the concepts,properties and necessity of expansion interpretation and limiting interpretation.The author believes that in order to clarify the nature of the extended interpretation and the restricted interpretation,it is necessary to grasp the relationship between the expansion interpretation and the textual interpretation and whether it can be classified as the interpreter or not.The question of law.Secondly,the necessity of expanding interpretation and limiting interpretation not only involves the limitation of language,but also needs to be discussed in combination with the law itself and the needs of judicial practice.The second part is about the limit of extended interpretation and restrictive interpretation in legal interpretation.In this part,firstly,the author expounds the argument about the limit of expansion interpretation and the limit of contraction explanation in the academic circles.Secondly,based on the analysis of various theories,it is considered that it is most reasonable to proceed from the angle of"text meaning",and the limitation of expansion interpretation and restrictive interpretation is discussed in combination with the relevant knowledge of linguistics and semantics.The third part is about the interpretation of the law.The distinction between the medium extension interpretation and the purpose extension,and the analogy interpretation.In this part,firstly,the concept of purposeful extension is analyzed,secondly,the difference between expansion interpretation and purposeful extension is discussed,mainly from the basis of interpretation and the result of interpretation.Then,the concept of analogy interpretation is analyzed,and then the difference between extension interpretation and analogy interpretation is discussed.On the basis of analyzing the thinking mechanism of the two,the essence and boundary of extension interpretation and analogy interpretation are pointed out.The fourth part is about the distinction between the restrictive interpretation and the purpose restriction in the legal interpretation.First of all,this part combines the concept,properties and characteristics of the purpose-limiting contraction.The basic connotation of it is discussed in this paper.Secondly,this paper focuses on the analysis of the difference between the restriction interpretation and the purpose restriction,and points out that the key to the difference lies in whether the interpretation is detrimental to the core of the meaning of the text.The fifth part is about the correct application of expansion and restriction interpretation in judicial practice.This part first discusses the application of expansion interpretation and restriction interpretation in judicial practice combined with relevant cases,and makes a rational discussion on the correct application of expansion and restriction interpretation.The author also puts forward some opinions which can be improved from the aspects of interpretation path and legal procedure in the hope of providing some help for its correct application in judicial practice.