The Boundary Of Chinese Interpretation In Civil

the legal interpretation is the premise and foundation of the application of law, in numerous interpretation method, direct interpretation is the foundation and core. Based on civil trial of judicial practice, theory with practice, this paper discusses the direct interpretation of the concept, characteristic, elaborated the function of direct interpretation in the judicial trial, and from civil trial Chinese explanation of righteousness is not standard performance and the specific reasons as the breakthrough point, trying to find the boundary of the direct interpretation and promote the development of civil trial.Paper first part with specific case raises the article concerns-direct interpretation. The second part of the paper discusses the direct interpretation of the concept, characteristics and functions. The author thinks that direct interpretation is the first explanation method to maintain the stability of the law, its biggest characteristic is strictly limited to law text, with strict were closely linked with the rule of law, its biggest feature is a process for the direct interpretation "frame". Third part of the thesis closely combines the actual conditions of civil trial, this paper expounds the direct interpretation is not standard, mainly reflected in the reasons things out the arbitrariness of the judge interpretation thinking and the written judgment of arbitrary two aspects, and from three aspects:subjective, objective and system analysis of the reason. Accordingly, in the fourth part, the author tries to find the boundary of the direct interpretation, namely can’t break out the meaning of the word usually category, can’t break the law text or relevant industry of professional concept of tong said, can’t break out the basic rules of grammar, in short, cannot excessive explanation, the purpose is to emphasize the rational regression of direct interpretation. Finally, went back to the civil trial in the judicial practice, it is discussed how to apply direct interpretation problems to promote the development of civil trial specification.