法律解释视阈下的港口岸线界定研究

Research on the demarcation of port shoreline under legal explanation

"港口岸线"法律概念含义的明确界定在较高层次的法律规范中一直是缺失的,而地方规范性文件对其界定的极少,而且这些规范本身存在效力较低、适用范围窄的局限性。文章以本体论法解释学原理为语境前提,尝试通过方法论法解释学提供的解释方法及其规则来解决含义的界定,再结合实务操作而相对区分水域与陆域的范围。

There has been no clear definition for the legal concept of ＂port shoreline＂ in high-level laws and regulations and such definitions have been found in few local instruments with a low level of effectiveness and restricted scope of application. The paper attempts to solve the definition through applying the explanatory method and its rules provided by methodological hermeneutics, taking the principles of ontology hermeneutics as the context, and tries to relatively divide the scope of water and land in view of practical operation.