On Systematic Interpretation In Civil Judiciary

Systematic interpretation is a legal interpretation method that takes into consideration the status of a certain provision within the legal system and other relevant provisions.Viewing from the perspective of methodology,it is deeply influenced by methods including system theory,logics,hermeneutics,etc.Systematic interpretation shows great significance in civil judicial practice,which is collectively determined by values of systematic interpretation such as unifying,binding,guaranteeing and justifying legal rules,and the unique attributes of civil judicature.Despite the gradual popularization and achievement of systematic interpretation in civil judicial practice in China,there remain problems such as low adoption rate,poor argumentation,flawed logic,etc.All those problems can mainly be attributed to the lack of authorization by relevant laws,incapability of judicial staff,and unwillingness to use systematic interpretation.Bearing those problems in mind,the author suggests that judges should be authorized clearly to interpret laws,and measures should be taken to enhance the capability of judicial staff.Meanwhile,it is also necessary to constantly improve and perfect the existing institutions,so that ideological obstructions for judges to adopt systematic interpretation can be removed,and more judges will be willing to use it.