论立法者原意

Research on the Lawgiver Original Intention

无论是在司法实践中,还是在法学理论中,寻找立法者原意,要求法官按照立法者原意进行判决似乎都具有正当性。支持这一观点的理由也很多,但是究竟什么是立法者原意这一根本问题似乎并没有解决,而且为什么要寻找它并据以进行判决的理由也不充分。事实上,立法者原意只是一个虚构的神话,是不承认法律的不确定性和法官的创造性而虚构的。

Looking for the lawgiver original intention and requesting the judge to carry on verdict's seem according to the lawgiver original intention is proper in judicatory practice and academic theories. There is a lot of reasons that support this standpoint, but actually the basic problem of what is the lawgiver original intention have not resolve apparently, and the reason why to look for it is also insufficient. In fact, the lawgiver o-riginal intention is just one myth that is purely imaginative, it denies the indetermination of law and the judge's creations.