The Method Of Legal Interpretation In Theguiding Case

The guiding case is a major measure of the judicial reform in China in recent years.The implementation is committed to achieving the "co contractors" and "unified application of law".However,the realization of the two goals should first benefit from the formation stage of the guiding cases,that is,in the stage of "case to case",we can achieve the unification of different understanding of legal norms through legal interpretation.A unified understanding of the legal norms of the "vacancy structure" is realized by "case interpretation".And,through the study of the existing guidance cases,we can find that 92 guiding cases are applicable to different legal interpretation methods.As guiding cases are like judicial interpretations,they all belong to a kind of legal interpretation.Moreover,there is a close relationship between the guiding cases and the legal interpretation methods: on the contrary,the norms require that they carry out the "case interpretation method".Actually,the guiding cases actually use different legal interpretation methods in the generative stage,in order to achieve their goals.Therefore,it can be concluded that the essence of the guiding case is "interpreting the case by law",explaining the legal norms in the form of cases(basic cases in guiding cases),and coordinating the differences of legal norms into guiding cases through referees.Moreover,based on the degree of "Interpreting" by case interpretation,we can divide the guiding cases into propaganda,law,guiding cases,guiding cases and making guidance cases.Different types of guidance cases adopt different legal interpretation methods,showing different characteristics.To effectively promote the practice of case guidance system,and effectively guiding case,need to guide case interpretation of laws and regulations of application of legal interpretation methods are analyzed,mainly include: literal interpretation,systematic interpretation and substantive interpretation(including objective interpretation and sociological explanation).Therefore,the second,third,fourth chapter in the first chapter on the basis of the basic questions of the first chapter,on the basis of different methods to carry out specific research.The second chapter focuses on the literal interpretation method.First of all,it analyzes and summarizes the present situation of the application of the interpretation of the meaning of literary meaning in the guiding cases.On this basis,the problems arising from the application of literal interpretation are analyzed,mainly realized as the limitations of literal interpretation,and corresponding countermeasures are put forward for the problems.It mainly analyzes the previous problems with the example of No.14 as an example.The third chapter focuses on the system interpretation method.First of all,it first analyzes the overall situation of the system interpretation in the use of the guiding cases.On this basis,we can find that the problem of system interpretation is not independent and closed.In order to solve these problems effectively,we need to extend the narrow sense of system interpretation to generalized closure.Moreover,the system interpretation can be used to integrate the possible tensions between different interpretations.At the end of this paper,we take the case of No.24 as an example to illustrate the problems of the system interpretation in the application of the guiding case.The fourth chapter mainly focuses on the substantive interpretation method.First,the substantive interpretation is mainly the purpose interpretation and the sociological explanation in the application of the guiding case.Objective interpretation is more applicable in guiding cases,and is often applied in combination with interpretation of literary and semantic interpretation and system interpretation;and the use of sociological explanations is less.And there are also some problems in the application of the substantive interpretation method: whose purpose is the purpose of the purposeinterpretation? What purpose? How do you explain it? How do sociological explanations connect with legal norms? A series of solutions must be adopted.Finally,the substantive interpretation method is explained mainly with the guidance cases of No.23 and No.32.