The Rank Of The Methods Of Legal Interpretation

In both the theoretical world and judicial practice,there has been controversy over the rank of legal interpretation methods.The application of different legal interpretation methods will lead to inconsistent or completely opposite judgment documents,which undoubtedly increases the probability of misjudgement and misjudgement.Through more than 30,000 words,this article is divided into five parts to discuss the rank of the method of legal interpretation.The first part is "Introduction".This part takes the case of Yu Haiming's legitimate defense case that caused widespread controversy in August 2018 as an example,leading to the theme of this article.Among many legal interpretation issues,why did the author choose the level of legal interpretation methods to explore.Although the Yu Haiming case ended with the public security organ's revocation of the case,this case has some research value.At the same time,it summarizes the research results of theoretical circles on legal interpretation and related issues.Based on the comparison of scholars' viewpoints,this paper points out the innovations and deficiencies in this article.The second part is "Characteristics and Importance of Legal Interpretation".The method of legal interpretation is a narrative of the rules of legal interpretation.To study the method of legal interpretation,we must first take the legal interpretation as the starting point,and first explain the meaning and characteristics of the legal interpretation.And its significance,which lays the foundation for the subsequent discussion of the method of legal interpretation.The third part is the elaboration of legal interpretation methods.This part mainly studies the concepts of legal interpretation methods,the types and classifications of legal interpretation methods,etc.The article argues that the reason for the controversy over the rank of legal interpretation methods is to explore its essence.Because of the dispute over the classification of legal interpretation methods.Therefore,in this part,after collating the existing interpretation methods,the author divides all interpretation methods according to the same standard.According to whether the factors considered in the legal interpretation method itself are applicable beyond the legal system,all interpretation methods are divided into internal interpretation methods and external interpretation methods.The fourth and fifth parts explore the issue of "the rank of the method of legal interpretation".There has been no relatively uniform rule on the rank of the method of legal interpretation.There are roughly three views in the academic world.One is that There are ranks between them;the second is that there are no ranks between legal interpretation methods,and even the existence of interpretation methods or even interpretations is fundamentally denied;the third is the recognition of the relative priority of a certain interpretation method.All viewpoints have been demonstrated by scholars,and the academic world is currently showing a state of public justice and rationality.According to this,after dividing the interpretation method by the same standard,the author uses judicial practice cases to conduct research on the judges' interpretation in judicial practice,and points out the points of admissibility and inappropriateness of the opinions held by scholars.Comment and analyze one by one according to the existing order of the academic circle,and finally point out the importance of the existence of the order.The sixth part is the conclusion.According to whether the factors considered by the judge in interpreting the legal provisions are beyond the legal text itself,the interpretation of legal interpretation methods is divided into internal interpretation methods and external legal interpretation methods.Internal interpretation takes precedence over external interpretation and is justified.