重申法律解释的明晰性原则
发布时间：2019-06-21 05:50
【摘要】：正每一次法律适用都需要解释几乎已成为当下学术界的"共识"。然而,法律解释的普遍性论题根源于过于宽泛地界定了法律解释的含义,或者源于在法律解释问题上存在着一些含混的或错误的认识。这些错误的认识所带来的后果是不能清晰地将法律解释与其他法学方法区别开来,可能对司法实践造成负面影响。为了避免这些不利后果,应当重申法律解释的明晰性原则,强调法律解释作为一
[Abstract]:Every time the application of the law needs to be explained has almost become the consensus of the current academic circles. However, the universal topic of legal interpretation originates from defining the meaning of legal interpretation too broadly, or from the existence of some vague or wrong understandings on the issue of legal interpretation. The consequence of these misunderstandings is that the legal interpretation can not be clearly distinguished from other legal methods, which may have a negative impact on judicial practice. In order to avoid these adverse consequences, the principle of clarity of legal interpretation should be reaffirmed, and emphasis should be placed on legal interpretation as a
【分类号】：D920.4
，
本文编号：2503840
[Abstract]:Every time the application of the law needs to be explained has almost become the consensus of the current academic circles. However, the universal topic of legal interpretation originates from defining the meaning of legal interpretation too broadly, or from the existence of some vague or wrong understandings on the issue of legal interpretation. The consequence of these misunderstandings is that the legal interpretation can not be clearly distinguished from other legal methods, which may have a negative impact on judicial practice. In order to avoid these adverse consequences, the principle of clarity of legal interpretation should be reaffirmed, and emphasis should be placed on legal interpretation as a
【分类号】：D920.4
，
本文编号：2503840
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