Research On The Application Of Teleological Interpretation Rules

Since the beginning of modern times,the purpose of jurisprudence advocated by Jelling in Germany has always been the basic area of legal methodology.Since the reform and opening up,the study of legal methodology has gradually been attached importance to by Chinese academic circles,and the research on teleological interpretation has also been quite effective.So far,there are three kinds of purpose explanation theories in Chinese scholars: subjective purpose theory,objective purpose theory,and eclectic theory.Among them,the subjective purpose is represented by Professor Jiang Huiling and Professor Li Guoru;the objective purpose is represented by Professor Chen Xingliang,Professor Liang Huixing,and Professor Huang Maorong;and the eclectic theory is represented by Professor Zhang Zhiming and Professor Chen Jinzhao.However,due to subjective and objective reasons,the overall level of China's objective interpretation research is still not high,and there is much room for improvement.In theory,the research on the interpretation of the purpose of law still lacks a unified theoretical basis,and difficult cases lack due theoretical interpretation power.In practice,the judge also produced too many ambiguities in the process of adjudicating the case,the purpose explanation is unclear in classification,the applicable standard is unknown,etc.,which leads to confusion in the application of the purpose interpretation method.Therefore,it is of great theoretical and practical significance to clarify the basic principles of teleological interpretation,explore the problems in the application of teleological interpretation in China,and propose specific methods to regulate the application of teleological interpretation in China.Taking the problem-oriented approach as the path,this article comprehensively adopts research methods such as normative analysis method,case analysis method and empirical research method,and advances the research of teleological interpretation rules according to the "problem-theoretical analysis-countermeasure research" approach.The main stance of this study is to change the teleological interpretation method in legal articles to the application rules in judicial practice through measures such as defining the classification and application standards of the teleological interpretation rule,and the codification of the teleological interpretation rule.Apply the rules of teleologicalinterpretation to individual cases.This article is divided into four parts.The first chapter summarizes the teleological interpretation rules.First,the concept of the teleological interpretation method is introduced,which has different understandings in this academic field.Secondly,the features and functions of the teleological interpretation are elaborated.Finally,the necessity of unifying rules in the application of teleological interpretation is described,reflecting the urgent need for unification of teleological interpretation rules.By demonstrating the necessity of the purpose to explain the unified rules,Chapter2 elaborates the theoretical basis of the teleological interpretation rules.This article mainly summarizes the rules of legal interpretation into three major rules of legal interpretation,namely the teleological interpretation rules,the semantic interpretation rules and the system interpretation rules.The first section of this chapter mainly introduces the connection between the teleological interpretation rules,the semantic interpretation rules and the system interpretation rules.The theoretical world divides the interpretation of purpose into subjective purpose and objective purpose.The second section is a general theoretical study of the introduction of the teleological interpretation rules,which separately expounds subjective purpose explanation theory,objective purpose explanation theory,and how to properly integrate subjective teleological interpretation with objective teleological interpretation.The teleological interpretation rule has been paid more and more attention in our country,and the teleological interpretation has been applied to some extent in the case judgment results,but there are still many problems in the application of the teleological interpretation rule in judicial practice.Content.This article introduces the current application of the teleological interpretation rules and its existing problems.The main problems are the classification standards among interpretation rules,the applicable standards of teleological interpretation rules,and the lack of legislative ideas of teleological interpretation rules in China.The fourth chapter mainly proposes the applicable countermeasures against the problems existing in the third chapter.Guided by the teleological interpretation rules,clearly define the classification of legal interpretation rules;clarify the applicableconditions of the teleological interpretation rules,try to propose a unified "law of interpretation",regulate the application of the teleological interpretation rules.This article is based on this approach.