Research On The Legal Interpretation Method Of Sociology

At the beginning of the twentieth Century,in order to overcome the rigid conceptual jurisprudence,sociology of law came into being.Sociological legal interpretation is the application of sociological methods to legal interpretation.It predict sand compares the different social effects that may arise from different interpretations and chooses an explanation that can achieve the best social effect within the scope of the meaning of the law.Only when the results of the interpretation of the meaning of the text are plural,it is possible for the legal interpretation method of sociology to be applicable.Besides,When the results of the law are obviously unjust and the legal norms are incomplete,it is possible to consider the application of sociological legal interpretation.The legal interpretation of sociology is different from other legal interpretation methods,such as the interpretation of literary meaning and interpretation of purpose in that in addition to the consideration of legal factors,it also consider sociological factors such as public interest,social effect,social sentiment,public policy and public policy etc.The application of legal interpretation method in Sociology in judicature is conducive to the realization of the unity of the legal effect and the social effect in judicial judgment.This paper discusses the concrete application of the legal interpretation method of Sociology in the criminal and civil fields of our country through the analysis of two specific cases of "Xu Ting case" and "Luzhou bequest case".