司法裁判中的意义分歧及其消解路径

The Divergence in Meaning in Judicial Adjudication and the Approaches to Solve

事实与规范虽是法律讼争的消解基础,但事实往往需要"建构",而规范则赖以"阐释"方能完成。在这方面,法律纠纷诚如特定场域中的意义纷争。为了洞悉意义的生成与阐释的分歧,本文通过对意义阐释模式的理论探究、意义阐释分歧的实践分析,探索了意义阐释脉络的演变历程,诠释了意义阐释分歧的类型与原因,最终在实然层面形成了消解意义分歧的方法与路径。

Facts and regulations are the bases for solving the disputes in litigation. However, the fact requires to be ＂ constructed ＂, while laws and regulations can only be achieved by ,＇ interpretation＂. In this respect, legal disputes can be considered as the disputes of meaning in the specific realm. In order to the illustrate the difference between the generation and interpretation of meanings, This article attempts to present the evolution history of the meaning interpretation, demonstrates the causes and types of the divergence of the meaning, and points out the ways and approached to clear up such divergence in meaning by presenting theoretical study in the interpretation patterns and practice analysis of the divergence in meaning interpretation.