类推解释思路及其运用

Thinking Track of Analogical Interpretation and Its Application

法律解释的目标之一是判断案件事实是否符合相关法律规则的事实构成。为实现这一目标,传统的思路是揭示事实构成的充要条件并考察案件事实是否满足这一充要条件。类推解释思路则通过将正在处理的案件事实与典型案件事实进行比较,并通过考察它们之间的相似特征与差异特征是否具有相关性来作出判断。与传统解释思路相比,类推解释思路具有适用范围更广、可操作性更强,以及更可能得出符合规范意旨的解释结论等优势。类推解释思路由六个步骤构成,其中最关键的步骤是判断相似特征与差异特征的相关性。在法律解释的语境中,相似特征与差异特征是否具有相关性可以结合特定法律处理方案的正当性理由来判断。

The goal of legal interpretation is to judge whether the facts of the case at hand conform to the factual composition of relevant legal rules.To achieve this goal,the traditional approach is to reveal the necessary and sufficient conditions that meet the composition of the facts and to examine whether the facts of the case at hand meet the necessary and sufficient conditions.Analogical interpretation approach attempts to make a judgment by comparing the facts of the case at hand with the facts in typical case and examining whether the similarities and differences between them are relevant.Compared with traditional approach,analogical approach has many advantages,such as wider scope of application,stronger operability and more likely to reach interpretation conclusions that conform to the intent of the norms.Analogical interpretation approach is composed of six steps,of which the most critical step is to evaluate the relevance between similar features and different features.In the context of legal interpretation,whether similar features and different features are relevant can be judged by examining the justification of specific legal treatments.