Research On The Application Of Systematic Interpretation Rule

Systematic interpretation rule,as the normative method maintaining "consistent control" for judicial adjudication,always occupy a dominant position in the tradition of the continental legal system centered on the legal dogmatic.Especially since the transformation of Evaluation Jurisprudence in Germany after the World War ?,"legal system" has increasingly become the core vocabulary of contemporary legal method-ology.The application of systematic interpretation rule,is not only connected with the general principles of legal system,but closely related to the normative organizational form and cultural background of the specific legal order.Based on the practice of law application in contemporary China,this paper attempts to outline the local mode of application of systematic interpretation rule through the analysis of the application background,application basis,application canon and application boundary of sys-tematic interpretation rule.First of all,the application of the systematic interpretation rule should focus on the background of the local law order.In China,the application background of sys-tematic interpretation rule can be divided into three levels:first,the change of legal system represented by "codification movement" will not only promote the scientificity of law order design,but increase the complexity of law application,which leads to the increasingly strong application demands of judicial practice for systematic interpret-tation rule;second,the existing judicial experience shows severe practical deviation about systematic interpretation rule,which proclaims that the systematic interpretation rule are ignored,misused and abuse.So the practice reserve of the systematic inter-pretation rule is difficult to meet the requirements of the application of law;finally,the theory of legal methods is limited to the theoretical succession and abstract speculation,and fails to effectively build the bridge from epistemology to method-ology,and the system solution The application of systematic rule has the defect of insufficient theoretical supplySecondly,it is necessary to clarify the "system" basis of the application of inter-pretation rule.In order to carry out the practice of systematic interpretation rule,we need to get rid of the connotation of "system" as "false consensus",explore the specific meaning of "system",and then generate the thinking rules with maneuver-ability.Therefore,based on the thinking oriented investigation and type discrimina-tion of the system,it is necessary to make clear that the legal system must be divided into legal norm system,legal value system,legal concept system and legal source system through multi-faceted observation.In terms of function,the legal norm system corresponds to the formal judgment character of the legal system;the legal value system highlights the substantive judgment character of the legal system;the legal concept system responds to the scientific character of the law,especially the legis-lation;the legal source system strengthens the open character of the legal systemThe core problem of the application of systematic interpretation rule is the application mode of system interpretation rule in different situations.These applicable models are based on different systems.Those interpretation canons based on the sys-tem of legal norms include "system integrity canon","system non contradiction can-on","system non verbosity canon","system order canon" and "legal claim system canon",among which the system non contradiction canon include "cooperative inter-pretation canon","irreconcilable canon","special norm priority canon","superior norm priority canon" and "new norm priority canon " and constitutionality canon.The interpretation canons based on the legal value system include "legislator's evaluation priority canon","objective value order canon".The interpretation canon based on the legal concept system,including "the same interpretation canon","difference inter-pretation canon" and "similar interpretation canon".The interpretation canons based on the system of legal sources include "statutory law priority canon","normative legal source priority canon" and " openness of legal source canon".These different inter-pretation canons form the contextualized application mode of the systematic inter-pretation rule,which must follow different normative requirementsIn order to apply the rule of systematic interpretation,we should keep a deep vigilance to its own functional defects,and then draw the applicable boundary of systematic interpretation rule.As a whole,the legal system itself is a system designed as a cognitive goal,which has obvious attributes of fiction and induction.This deter-mines the application of systematic interpretation rule,which can only be deduced by relying on standardized presupposition.From the perspective of each sub-system,no matter the legal norm system,legal value system,legal concept system or legal source system,they all have the characteristics of incompleteness and openness.The appli-cation of systematic interpretation rule must take into account the situation that the system presupposes is not established,and then the corresponding interpretation canons will be abolished in individual cases,and the applicable boundary of sys-tematic interpretation rule will be clarified to avoid system rigidity of The risk of interpretation.