论文义解释方法的细分释法功能

The Subdividing Function of Literal Interpretation of Law

以日常语言为载体的现代法律,往往存在因法律语词的歧义、模糊、评价性、翻译问题以及意义变迁等因素导致法律意义的不确定,这给司法过程中的法律适用和判决结论的正当性构成严重障碍。文义解释恰恰因为具有释明法律意义、澄清和弥补法律语义缺陷的细分功能而被视为现代法治国家的法官进行法律解释的优位性解释方法。只有经由法官解释和表述的法律规范是清晰的并且是契合了公民期待可能性的,一个国家的现实法律秩序才真正具备规范性根基,文义解释之于现代法治国家因而具有构成性意义。

Modern law which taking ordinary language as the carrier ot its meaning, must al- ways be affected by its defects such as ambiguity, vagueness, evaluation, and generality as well as changing circumstances, thus usually results in uncertain meaning of legal clause and putting up obstacles to the application of law and judicial decision making. Literal interpretation is regar- ded as the superior one of legal methods in modern country under the rule of law just because its prominent subdividing function in clarifying the meaning and compensating the semantic defects of legal clause. Only the meaning of legal clauses are clear and meets the anticipated possibility of the civilian do the legal order of a state possess normative foundation. So literal interpretation is of constitutional significance to modern law state.