Explain The Rules Of Interpretation

This thesis consists of three parts: introduction,text and conclusion.The introduction part mainly introduces the background and significance of the topic selection,the purpose,method and argumentation and structure design of thesis writing.The body part consists of three chapters.The first chapter,this paper introduces the concept of intention,the establishment of the intention can be divided into two parts: one is meaning(internal,subjective)for said(external and objective),namely the intention means by inner and outer said of the two parts.Intention is meaning that says as external behavior intention,must be based on the meaning of the internal and external,namely "meaning and said,shall be deemed to be related in nature",and the meaning and said to be consistent.It is said that according to the means of presentation,it is divided into explicit meaning and implied meaning,which is divided into the relative person's meaning and the absence of relative person.According to the law,whether or not it needs to be divided into the meaning of "to" and "not".Intention explanation is that the basis of intention is defective,can be divided into two kinds of situations: first,the consciousness of legistation,said deliberately not consistent,namely the representor knows and intends to make its not YiZhiZhe,such as false intention reservation and said.The second,unconscious non-truth means that the unintentional inconsistency is that the idealist does not know the person whodoes not,such as errors and misrepresentations.The second chapter begins with the interpretation of the meaning,although article 142 of the general principles of civil law does not make clear that "all meanings must be explained" or "objection causes explanation".But if "every intention must explain to the level of judicial interpretation,an increased v.tired,second may provide the basis for the judicial organs abuse power of interpretation,and the principle of autonomy of private law to the contradictions,to open the door to judicial power intervention in private law autonomy.Therefore,for the parties concerned,if the two parties have the same understanding and no objection to the meaning of the meaning,it means that the legal effect should be made according to the agreement of the two parties.However,when the parties' understanding of the meaning is disputed,it is necessary to explain the part of the dispute,which also reflects the principle of private law-private law autonomy.As a result,to the interpretation of the "general civil law" the 142 th mission: is that clear expression to express the meaning of the people thought,meaning to understand its specification,and found that the parties "assuming that the specification of the mean".And for the meaning of "general civil law 142 said with" contract law "in the contract interpretation,and the legal interpretation of what is the difference between the problem,by the contract with the intention to explain interpretation,legal interpretation is analyzed,one by one analysis.In addition,prior to the interpretation rules of the general provisions of civil law,article 125 of the current law of China stipulates the contract interpretation." Contract law " article 125: the parties' understanding of the terms of the contract of controversial,the use of words,the contract shall,in accordance with the contract of the relevant provisions,the purpose of the contract,trade practices and the principle of good faith,to determine the true meaning of the clause.Is there any necessary distinction between interpretation and contract interpretation?In the second chapter,this paper also makes an argument,which means that the meaning is the most important element of legal action,which means that the rules of interpretation can also be applied to the contract interpretation.The third chapter demonstrates the rules of interpretation.Firstly,the article analysesthe advantages and disadvantages of the theory of meaning,expression,eclecticism and normative meaning.Conclusion: 142 target: the explanation of the meaning of" without the other party said " explain goal to " explore expression meaning ",and " has the meaning of the other party said " explanation of the target for " understanding of recipients can understand is called the meaning of " normative ".Second article 142 intention to interpret the rules,the system of direct interpretation,interpretation,interpretation of objective interpretation,habits,good faith,the principle of good faith),a detailed analysis,in addition,like legal interpretation,interpretation of intention are pure interpretation or explanation and complementary interpretation.The meaning of the former is based on existing said as object of interpretation,while the latter on the intention to fill holes,when there is a missing in the parties intention to judge for complementary interpretation of the intention of loopholes,in order to achieve the goal of fairness and justice.And about means appropriate to the various rules between the said order,in the judicial practice,the interpretation of the meaning said often in the face of the specialization is a case of specific legal act,the legal relationships between the parties tend to be complicated,difficult to the interpretation of the meaning said rules a unified order shall apply.On intention,while the direct interpretation as the starting point of contract interpretation,but you can't just according to the methods to explore the content of the intention,should be combined with intention,habits,combined with the purpose of the context and the principle of good faith,to carry on the comprehensive judgment,among them,the principle of good faith with the commander in chief,explain to other kinds of rules are of guiding significance.In the concluding part,the article concludes with a conclusion.