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近些年来,社会的发展与法制化建设始终相互依存、相互促进,然而在法治社会,法律解释理论的缺失则可能因法律的专制而对和谐社会造成不利的影响。法律解释的原则应当是法官依据法律的原则藉由正确的法律思维方式在法律适用的过程中能够以此阐明案件相关法律的意义与事实之后所得出的结论。因此,法律解释就是法律的客观立场,在一定程度上代表着法律的权威性和有效力,其基本特征即包括合法性、明晰性、客观性和建设性。本文即以此为出发点,对法律解释及其基本特征进行简要分析。
In recent years, the development of society and the construction of the legal system have always been interdependent and mutually reinforcing. However, in a society ruled by law, the absence of the theory of legal interpretation may adversely affect the building of a harmonious society due to the tyranny of the law. The principle of legal interpretation should be based on the principle of law by the judge by the correct legal thinking in the process of the law can be used to clarify the meaning of the law and facts of the case after the conclusion reached. Therefore, the legal interpretation is the legal objective position, to a certain extent, represents the authority and effectiveness of the law, its basic features include the legitimacy, clarity, objectivity and constructiveness. This article is based on this as a starting point, a brief analysis of the legal interpretation and its basic characteristics.