A Study On The Teleological Interpretation Of "Tang Lv Shu Yi"

"Tang Lv Shu Yi" is a typical representative of ancient society to interpret articles by explanations,in which the teleological interpretation is quite characteristic and valuable.With the help of modern legal concepts and theories to sort out historical materials,this paper analyzes the principles and techniques of the teleological interpretation of "Tang Lv Shu Yi" and explores the motives and social and cultural factors behind the interpretation behavior.It is not only helpful to deepen the research on the legal interpretation of Tang law in academic circles,but also can provide useful guidance for the application of the contemporary teleological interpretation.Teleological interpretation,as a concept in modern law,is difficult to find a corresponding word or use an existing word to summarize it in the traditional Chinese context.However,the method of interpreting articles based on the spirit of the code is quite common in ancient legal classics,of which "Tang Lv Shu Yi" is the representative.As one of the most perfect feudal codes in ancient times,the legislative technology,especially the legal interpretation technology,adopted in "Tang Lv Shu Yi" is extremely mature,and backed by profound legal knowledge.Interpreters of the law used teleological interpretation to interpret the law and coordinate the relation between ethics and law,which had a positive impact on the legislation and judicature of the Tang Dynasty and could be called a model for later generations to learn.However,there is still a lack of systematic research on the teleological interpretation in "Tang Lv Shu Yi".After reviewing historical materials,reading literature and sorting out and analyzing the articles involved in the teleological interpretation,it can be found that the teleological interpretation of "Tang Lv Shu Yi" is a legislative interpretation under the leadership of feudal monarchical power.The law was interpreted by the team composed of ministers was appointed by Emperor Gaozong,and the interpretation conforms to the legislative spirit of Tang law,that is " law should be consistent with ethics",is made for the terminology,code of conduct and principle clauses in "Yong Hui Lv".In the process of interpretation of the law,Zhangsun Wuji and others followed the principles of comprehensive consideration and reasonable application.On the basis of dealing with the relation between the specific purpose and the abstract purpose of the code,they combined the individual purpose with the overall purpose of the code,and completed the interpretation of thelaw by using the techniques of explaining the legal principle by word meaning,explaining the laws by courtesy,and supplementing the law by analogy.According to the different forms,result states and application methods,the teleological interpretation of "Tang Lv Shu Yi" can be divided into different types.From the perspective of the influence of the times,the teleological interpretation of "Tang Lv Shu Yi" promotes the integration of Tang law and law,and guides the judicial judgment,which has a positive significance for social governance in the Tang Dynasty.In addition,the principles and techniques used in the interpretation process also have valuable reference value for regulating the use of contemporary teleological interpretation and reflecting on the lack of legislative interpretation rights.To sum up,the main question to be answered by studying the teleological interpretation of "Tang Lv Shu Yi" is how this method was used in ancient China,what are its characteristics and value,trying to fill in the gaps in the current academic research in this field.In addition,hoping some useful thoughts can be brought to the study of contemporary legal interpretation,especially the study of teleological interpretation,through the investigation of the teleological interpretation of "Tang Lv Shu Yi".