Study On Judicial Application Of Legal Interpretation Of Consequentialistic Approach

The theoretical connotation of the consequential orientation theory has been perfected by scholars.The important principle of the consequential orientation theory is that the moral attributes of behavior and character are determined by the consequences.This provides an explanatory basis for our study of the legal interpretation of the consequences.In the comparative law,the outcome orientation has become the subject of research for many scholars.There are also a few scholars in China who are involved in the study.Currently,they mainly include studies on“consequence-oriented”,“result-oriented” or “result orientation”.Due to the complexity and variability of social development,the lagging of legal norms has become more and more obvious.In many cases,relying solely on legal norms to achieve the adjudication of referee results.In countries of Anglo-American law,the legal interpretation methods of the consequences are widely used and easily accepted by people.In countries such as Germany and other traditional civil law countries,they have also gradually realized the lack of function of the deductive reasoning of the three-segment theory,and also strengthened the legal interpretation of the consequences and related research.When the judiciary conducts judicial decisions,in order to properly handle cases,its way of thinking presents an openness to extra-legal factors.In the case of a referee,due to the limited function of the single legal interpretation method,the legalinterpretation method used by the judicial person shows a certain degree of comprehensiveness;and the judge also considers various kinds of extra-legal explanation factors,such as the consequences caused by the referee.It is in this sense that the legal approach to the interpretation of consequences can play a complementary role to the existing legal interpretation methods in China.Although it is undeniable,there are inherent flaws in the method of legal interpretation of the consequences.The current judicial syllogism reasoning model prevailing in China has its own inherent functional defects,and it requires legal interpretation of the consequences to protect its legitimacy.At the same time,the application of the legal interpretation of the consequences orientation takes into account the social effects,which can greatly enhance the acceptability of referee conclusions,and is more conducive to the realization of social stability,while at the same time playing the value-leading function of judicial judgments.However,we should also be clearly aware that we cannot exaggerate the effect of legal interpretation of the consequences.What should be clear is that the traditional methods of legal interpretation are still irreplaceable for judicial practice.We must adhere to the form of the rule of law as the starting point of the argument,and apply consequences to the legal interpretation method.After all,the functional orientation of the legal approach to the outcome orientation is merely a reinforcement of the referee's arguments and a way to justify it.It supplements the referee's conclusions derived from traditional legal interpretation methods.Instead of simply stressing the basis for adjudging cases from the consequences,we should strictly abide by the requirements of legal cases and defend the legal rules.The scope of application of the legal interpretation of the consequence orientation is limited.It is not a legal interpretation method that applies to all cases.German scholars have made a detailed list of types of outcome orientation arguments,which set out the specific circumstances in which outcome orientation arguments can be applied.The legal interpretation of consequence orientation has also been demonstrated in the judicial practice in our country,although the judge has not explained that it is the referee method of consequence orientation.The author uses thecase of the second instance judgement in the “Zhengzhou Tobacco Case” as an example to analyze its application to the legal interpretation of the outcome orientation and draws a concrete way of reinforcing the effect of the legal interpretation of the outcome orientation on the adjudication of referee conclusions.At the same time,the writer also believes that the legal interpretation of the consequences cannot be abused,and cannot be evolved into the way that judicial review is based on the consequences.In our country,the status quo of the rule of law determines that we still have to adhere to the formal rule of law,and the legal interpretation of the consequences orientation is only a corroborating path as part of judicial argumentation,and cannot exceed the limits of its reinforcing role.