On The Purpose Explained

German jurist Jehring said in his book "legal teleology": " The purpose is a creator of all laws; every production with regular law is to come from a kind of purpose, the real motive .Teleological method of interpretation is a very important legal science method. "In our country, scholars have different judgments on this method, most scholars hold the prudent attitude, and the reason is very obvious: the operation way in which the purpose explains is flexible, open, and it offers the persons who interpret very great right of judging amount of freedom which can threaten the serious regular meaning just. In order to introduce law science position of method, the text expounds the fact synthetically to purpose.The article is divided into four parts altogether. The example by a actual life draws the purpose to explain in the foreword, enter chapter one of the article. The purpose of chapter one is to introduce the summary theory of the method. Teleological method of interpretation works on the basis of the legislative purpose which is not totally as the same as purpose when legislating. If social condition was changed, the initial purpose couldn't meet the present one's needs, we should interpret it on the present legislative purpose. Teleological method of interpretation had a long history, and a lot of countries and areas are using it now. This text regards teleology as the breakthrough point, and aims at drawing the legal explanation of "teleology". For defining teleological method of interpretation, the author makes differences from several concepts that obscured to teleological method of interpretation. Such as legal interpretation, history interpretation, social interpretation, etc.The method is the route , and it is also the key point of solving the problem, so how to grasp the method seems extremely important. The complexity of the method has been described in chapter two. The complexity of the method mainly comes from the complexity of "purpose". Purpose has many kinds, such as legal purpose, legislative purpose, judicial purpose, teleology, form purpose and essence purpose of law of regulation. How to confirm and optimize the needed teleology is the core of the second part of a chapter,Chapter three of the article has introduced the function of the teleological method of interpretation. It can revise the legal uncertainty, revisise law obvious mistake and supplement...