Research On The Method Of Legal Interpretation In Guiding Cases

In the context of rapid economic and social development in our country,many difficult and complicated cases have appeared,and many types of cases have exceeded the scope of the legislation.Therefore,at the historic moment,the guiding case system has emerged.This is an important part of our country’s judicial work in recent years.In January 2021,the Supreme Law has published 26 batches of 147 cases in total.With the gradual deepening of judicial reform,the frequency of publication and citation of guiding cases has gradually increased.The essential goal of the guiding case system is to promote the true realization of the concept of co-judgment in the same case,and when specific cases are abstractly extracted and generalized conclusions are re-applied to specific cases,legal interpretation plays an important role.The guiding cases selected representative difficult and complicated cases,which included many application practices of legal interpretation methods.This article takes the positioning and application status of the Guiding Cases as the starting point,clarifies the functional role of the full use of legal interpretation methods in the Guiding Cases,and points out that the Guiding Cases have guiding significance for subsequent similar cases and are the reference content for future similar cases.It mainly plays its guiding role through the discussion of the reasons of the referee,so it is necessary to make full use of the explanation method in the analysis of the reasons of the referee.After that,the three main types of legal interpretation methods are listed,the problems arising in the existing guiding cases are integrated,the status quo and problems of their application are discussed,and the reasons for their occurrence are analyzed to a certain extent.Based on the problems arising from the application of these three types of main interpretation methods,some suggestions are putting forward for the future application of various interpretation methods in the Guiding Cases,including the following four: Firstly,make the application level of the interpretation methods clarified in order to ensure the authority of legal texts,we must first recognize the priority of literal interpretation,and actively use system interpretation,purpose interpretation and other interpretation methods to comprehensively draw reasonable conclusions where there are deficiencies in literal interpretation.Secondly,put forward solutions to the problems of the three interpretation methods mentioned above in the use of guiding cases.There is a problem of nonuniqueness in the interpretation of literal meaning.It is necessary to emphasize the combined use with other interpretation methods.The system interpretation is in the guiding case.It is difficult to apply independently and lack of systematic thinking.It is necessary to expand the scope of application of the overall context in the interpretation of the system.Regarding the issue of greater discretion of the judge in the interpretation of the purpose,it is required that the intention of the legislator should be considered first in the interpretation of the purpose.When it comes to foundation,it is also necessary to fully integrate the core values of socialism in the use of interpretation methods for reasoning.Thirdly,strengthen the comparative analysis of different interpretations used by different parties in a case to reach different conclusions.Finally,one of the basic methods to improve the effectiveness of the interpretation method used in future guiding cases is to improve the judge’s reasoning ability.