Study On Rules Of System Interpretation

Systematic interpretation has always been an important method in hermeneutics and the importance of system interpretation comes from the systematicness of law.Any legal term that requires interpretation is part of the legal system.Its precise meaning is to be found in the system.The systematization of law has two meanings,one is the systematization of legislation;the other is the systematization of justice.In the judicial system through the external logical system and internal value system to achieve the systematization is the system interpretation method.Since Savigny put forward the interpretation system,both in theory and in judicial practice have achieved considerable results.However,there are still some defects in the study of system interpretation theory.The definition of "system" of system interpretation is mostly still in the external system of "connecting context".However,there are relatively few system explanations about how to apply them in practice.The system explanation method needs to face the practice,transforms the complex explanation theory into the contracted explanation rule.System interpretation is the golden rule to avoid mechanical justice,and it is also the focus of scholars' research.This paper is guided by relevant theories of system interpretation at home and abroad,combined with specific cases for define the "system" elements of system interpretation.Finally,summarize the specific rules of the interpretation system applied in judicial practice in order to promote the specific application of system interpretation methods in judicial adjudication.The text consists of five parts:The first part,on the basis of briefly explaining the concept of system interpretation,introducing the research status of system interpretation at home and abroad,and pointing out the necessity of studying system interpretation rules.It lays a foundation for the following studies on system interpretation.The second part,combined with the specific cases in China's judicial adjudication for explaining the practical necessity of system explanation.The integrity,stability and ambiguity of law as well as the correspondence between the case and the law all need systematic interpretation to play a role.System interpretation has its own research value.The third part defines "system" as external system and internal system.System interpretation is the interpretation in the law,the interpretation of the system requires attention to legal concepts,legal rules and legal principles of the elements.At the sametime,this part introduces the attributes of "system",logical coherence and value consistency.It lays a foundation for the study of system interpretation rules.The fourth part,explore the bit order of system explanation in explanation method,and explain the relationship between system interpretation and textual interpretation,purpose interpretation,historical interpretation and sociological interpretation.Clarify the applicable sequence of system interpretation,and facilitate the application of system interpretation rules in judicial practice.The fifth part,summarize the specific rules of interpretation in judicial adjudication system.Start with the "system" element of system explanation,analysis of the system interpretation rules are systematized into system interpretation rules of legal concepts,conflict of laws and rules,the rule of law conflicts with the principle of law,and the system interpretation rules under the constitution.It is expected that the abstract system interpretation method can be replaced by concrete system interpretation rules,improve the application rate of system interpretation.Furthermore,avoid the judge's interpretation of wanton,to achieve the same case with a good state of law.