The Problems And Countermeasures Of Contemporary Chinese Legal Interpretation

legal interpretation plays a very important role in the process of law production and application.It is not only a prerequisite for the implementation of law,but also an important means of the development of law,and the core of the application of law.In order to make a correct and reasonable legal interpretation,we should understand and grasp the direction of legal interpretation research.Based on mastering the theory of legal interpretation at home and abroad,this paper studies from three aspects: the current situation of legal interpretation,the dilemma of interpretation and the perfect assumption.First of all,this paper discusses the current situation of legal interpretation in China.According to different standards,legal interpretation can be divided into different categories,each of which can be further subdivided.Through the analysis of interpretation methods,we can get the priority of effect rank of literal interpretation.The main body of interpretation in our country includes state organs,officials or other persons with interpretation power,as well as general organizations and individuals with or without interpretation power;the interpretation system is a legal interpretation system formed on the basis of basically following the old system,with the Standing Committee of the National People’s Congress as the main body and other organs working together separately;a legislative interpretation system is formed among legislative,judicial and administrative interpretations,which is superior in terms of legislative interpretation First,the legal interpretation system of "one yuan,multi-level".On the basis of clarifying the existing framework,the necessity and effectiveness of legal interpretation should be considered.Secondly,the main problems of legal interpretation in China are that the interpretation authority is vague and "dare not" to explain,which belongs to the macro level content such as the interpretation system and judicial concept;the interpretation methods and standards are short of "will not" interpretation,which belongs to the micro level content of "difficult to use" in the specific judicial practice.In addition,the number of legislative interpretations in China is small,and judicial interpretations are numerous and complex.While making up for legislative loopholes,there is also a trend of infringement on legislation and legislative interpretations.It is difficult for the traditional method of interpretation to meet the requirements of pluralism and openness of interpretation standards in the reality.The diversity of the subject of legal interpretation also affects the unity of legal application.Finally,in order to solve these problems,the author puts forward some suggestions.First,we need to apply the rules of legal interpretation reasonably,clarify the nature of the rules of legal interpretation,and use the rules of legal interpretation to guide practice.Secondly,use value to measure interests,introduce value judgment,and follow the value rank when paying attention to value conflict in the process of quotation.When the court applies value,it should abide by the rules and gather the consensus of most people.Third,the use of legal interpretation methods to guide judicial practice.Due to the fact that the practical application of interpretation methods can not fully adjust social relations,there is a gap between theory and practice,which needs to be reformed in the three key areas of the Supreme Court’s normative guidance,the normative reasoning of documents,and the legal interpretation power of judges,so as to bridge the gap between theory and practice.