Legal Interpretation In Ming And Qing Dynasty Verdict

Court verdict of the Ming and Qing Dynasties recorded the judge’s trial process,including the specific facts of the contentious case,the general value rules such as legal provisions,moral requirements and customs on which the judge made court verdict,and the reasoning proof of the judge’s judgment result.This paper analyzes the legal interpretation in the court verdict of the Ming and Qing Dynasties.The main purpose is to explain that the legal interpretation runs through the whole judicial practice.Court verdict text can be said to be a text of legal interpretation,including the interpretation of the legal provisions that need to be applied in specific cases,that is,text interpretation.Text interpretation is based on the facts of the case,the application of existing legal provisions,or the discovery of new legal rules.There is also an interpretation of the legal facts of specific cases,that is,factual interpretation.A factual explanation is an explanation which to explain the facts of the case already happened,and then discover the "truth" of the explanation by certain judicial rules.Through the legal interpretation in court verdict,it is concluded that judges are the main body of legal interpretation in court verdict of the Ming and Qing Dynasties.They not only familiar with the collection of poetry and classics,but also have rich life experience.Their way of thinking is the practical reason accumulated through long-term training and experience.In essence,the judge’s legal interpretation connects judicial experience with judicial judgment,applies universal rules to special specific cases,ensures the reasonable integration of judicial experience,practical wisdom and legal rules,realizes the creative transformation of text and facts,and endows specific cases with particularly legal significance.The legal interpretation in court verdict of the Ming and Qing Dynasties not only provides the original legal narrative for the study of legal hermeneutics,but also has important enlightenment significance for the construction of the interpretation view of pragmatism.