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刑法解释方法的位序在我国刑法学界一直存有争论,争论双方分别为解释方法位序论与解释方法无序论。位序论与语义学密切相关,无序论有自发的语用主义倾向。刑法解释方法符合语义学指向,都是为了揭示语词含义,运行过程呈现出静态性、主体单一性及封闭性等特征。语用学内容包括语境分析、语篇分析、关联理论及言语行为理论等层面,基本涵盖了各解释方法的内容与功能。需要为语用学分析进路构建运行机制,即语境边界设定、商谈理论构建及后果考察等。
The order of the interpretation of criminal law has been controversial in China’s criminal law academic circle, arguing that the two sides respectively explain the method of order theory and explanation method of disorderly theory. The theory of sequence is closely related to semantics, and disorder has spontaneous tendency of pragmatism. The method of interpretation of criminal law is in accordance with the semantic orientation, all of which are intended to reveal the meaning of the words and the characteristics of the static process, the unitary unity and the closedness of the process are revealed during the operation. The content of pragmatics includes the aspects of context analysis, discourse analysis, relevance theory and speech act theory, which basically cover the content and function of each interpretation method. It is necessary to analyze the ways to construct and operate the mechanism for pragmatics, that is, the setting of context boundaries, the construction of negotiation theory and the investigation of consequences.