论法律解释及分类

On the Interpretation and Classification of the Law

法律解释既是对法律含义的解读,又是法律发展的重要方法。法律解释的目的和作用决定法律解释必须遵循合法性原则、合理性原则以及整体性原则。鉴于传统法律解释分类的狭隘和粗疏,法律解释应作规范解释、个案解释、学理解释和任意解释的分类。

The interpretation of the law is not only the explication of legal meaning, but also the important means of legal development. The goal and the function of legal interpretation require that it must follow the valid principle, the rational principle as well as the integrity principle. In view of the fact that traditional legal classification has the defects of narrowness and the carelessness, the interpretation of the law should be classified into standard interpretation, case interpretation, theoretical interpretation and arbitrary interpretation.