论文部分内容阅读
一、法律解释权之意义欲求法律解释权之意义,必先讨论法律解释之目的问题;自来学者于之说明虽多,但总而言之,要不越乎左列二者之限界耳。甲主观说谓法律解释之目的,在探究立法者私人之意思而确定之,此旧派学者之所主张也。乙客观说谓法律解释之目的,在探究律文上原有之意义而确定之,此新派学者之所主张也。以上两说,比较观之,后者自优于前者。盖主观解释颇易流入臆揣之途,
First, the meaning of the power of legal interpretation Desire for the meaning of legal interpretation, we must first discuss the purpose of legal interpretation; scholars in the explanation of many, but in short, or less left margin between the two listed ears. A subjective view of the purpose of legal interpretation, to explore the meaning of the legislator private and the determination of the old school of scholars have advocated also. Objectives of Objective Interpretation of the purpose of legal interpretation of B, to explore the meaning of the original meaning of the text to determine, the new scholars have advocated also. The above two said that the latter view is better than the former. Cover subjective interpretation quite easy to flow into the guesswork of the way,