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On The Explanation Of System

Posted on:2016-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:X W TianFull Text:PDF
GTID:2176330461985677Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
Society is in constant motion changes, in order to satisfy the law in all new needs of the society, in a perpetual motion interpreter in the face of some new facts of life, at the same time, according to the concept of justice, it is necessary to carry out the legal regulation, always the life fact and corresponding legal norms, the real life facts become push a premade legal term true meaning of the explanation is the largest.The diversity of social relations, determines the complexity of the legal norms. In numerous legal system of legal norms, inevitably appear contradiction between the specification or not harmonious phenomenon. In addition, the law contains the content of the is to rely on words to express, but the word as a mark or symbol in people’s mind, itself has its complexity, sometimes produce ambiguity. In conflict between the law and legal language fuzzy ambiguity, judge to be the case, seek system explanation for this tool. System to explain to coordinate the same legal provisions between up and down and the complicated relationship between different legal provisions, clear related meaning, the provisions and provisions, contradictions and conflicts between the law and the law, to promote the same harmony and unity between the law and internal law.Specification of this method using on our legislation has to guide the internal coordination of the legislation, the action of consistent, in the judicial interpretation to make up for the statute itself not flexibility functions. System to explain the basic consideration is to ensure that the legal system of melting penetration resistance, prevent laws inconsistent. At the same time, for some legal norms, if lack of system before and after sex and context of care, it is hard to find its exact meaning.With the development of the law, although the law has made the preliminary achievement of the research methodology, system interpretation as a method of legal interpretation in the actual process of using the frequency of the legislativeinterpretation is higher, but our country law theory about the research is introduced, and the use of the concept of mostly stay in the explanation method analysis of the case. And interpretation of system methodology, the analysis method of system operation steps and what problem need to be pay attention to research. Operation method of non-standard often directly affects the accuracy of the results and impartiality, therefore, to conduct the thorough research to the system of interpretation on the one hand is the need of the development of theoretical research, on the other hand also system interpretation problems such as nonstandard operation in practice need to be solved.
Keywords/Search Tags:legal interpretation, systematic interpretation, effective rules, operation steps
PDF Full Text Request
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