Study On Rules Of Interpretation Of Meaning Representation

As a tool of autonomy of private law,civil legal act system occupies an important position in the theory and practice of civil law.The civil juristic act refers to the act that the civil subject establishes,changes or terminates the civil juristic relationship by means of expression of will.As the core element of civil legal acts,the importance of the expression of will is self-evident.The expression of will is a system in which the civil subject expresses the inner will to the outside through certain behaviors and hopes to produce certain legal effects.Only the expression of will that truly reflects the real inner will of the doer can meet the will and requirements of the doer and produce the expected legal consequences of the doer.Therefore,the interpretation of meaning representation is a common problem in judicial practice.Through interpretation to determine the content of the expression of meaning,judge the real rights and obligations between the two parties.This paper first selected two representative cases to summarize the focus of the case and the common problems in judicial practice.In judicial practice,judges have subjective arbitrariness and too much discretion when using the rules of interpretation of the expression of meaning,without a complete set of rules as a guide.Then clarify the rules of interpretation of meaning.The interpretation rules of expression of meaning are mainly divided into three types: subjectivism,objectivism and eclecticism.There are different theories to summarize the interpretation rules of these three types.Subjectivism lays particular emphasis on exploring the inner truth of the parties,so this interpretation rule is also called meaning doctrine,natural interpretation,subjective interpretation and true meaning interpretation.If we were more concerned with objective meaning,we would assume an abstract,rational and prudent person,who would interpret the ideograph’s words.This view is called objectivism,representation,etc.The following is a conceptual clarification of the mild representationist interpretation rules and related concepts,to clarify the standard of rational person,liability and risk burden,interpretation of expression of intention and contract interpretation and other issues.It is worth noting that in the process of interpretation,there will be a lot of interpretation methods,that is,facing the problem of the order of application of interpretation methods.Finally,it concludes that in the process of determining the expression of meaning,an objective third person should be constructed as far as possible to analyze whether the inner truth is consistent with the external behavior,whether he has fulfilled his reasonable duty of care,whether he is a rational person,and whether he is reprehensible.In the process of exploration,various interpretation methods should be used reasonably to obtain the real intention of the ideologist.Identify the specific content of the expression of meaning.