马克思司法解释思想探析

Investigation to Marx's Theory of Judiciary Hermeneutics

马克思具有丰富的司法解释思想,但没有引起学术界的重视。从马克思的实践认识论出发,马克思的从认识到实践的活动就是解释活动。从法律到具体案件的司法活动就是司法解释活动。实践性、历史性、辩证性、意识形态性是马克思司法解释思想的基本内容和本质特征。马克思应在司法解释乃至解释学发展史中应有重要地位。

Marx had rich judiciary thought, but it does not cause the attention of the academic circle. Starting from Marx's practical theory of knowledge we know that his activity from understanding to practice is interpretive activity. The judiciary activity from the law to the real case is the hermeneutic activity. The natures of practice, history, dialectics and ideology are the basic content and the essential feature of Marx's judiciary hermeneutics. His judiciary hermeneutics even this theory in the developing history of hermeneutic science should have its position.