The Commentary of Criminal Law of Tang Dynasty is a typical ancient feudal code, which is of the position that serves as a link between past and future in the history of legal system. The legal hermeneutics is analyzed in this essay in the legal hermeneutics' view. In hermeneutics, the three parts should be included in an integrated interpretation process: interpretation subject, interpretation object and interpretation method. As the branch of the hermeneutics, the legal hermeneutics, its interpretation process is made of these three basic parts. Therefore when I analyze the legal hermeneutics of the Commentary of Criminal Law of Tang Dynasty, I also use these three basal elements. In this essay, the subject ofinterpretation-----interpreter have a highly effective interpretation to the articles by taking theposition on the upholding of hierarchy, ritual and the law; adopting literal interpretation, system interpretation, supplement of leak, taking examples and some other methods. The Commentary of Criminal Law of Tang Dynasty is creditably representative of the code of ancient China, and is an agglomeration of the Chinese ancient legal interpretation, and it takes a very important role in the Chinese history, although there are a lot to think over in the process of interpretation. |