The Paradigm of Functional Interpretation from the Perspective of Civil Law Doctrine
The legal norms of the Civil Code are not the entirety of the established legal order.The legal effects and value judgments of the implementation of legal norms,along with informal legal norms,constitute the content of the normative legal order.Legal methodology needs to unify the established legal order with the normative legal order.The functional interpretation model is a bridge for the established legal order to converge with the normative legal order,and it is an interpretive paradigm that overcomes the limitations of legal doctrine and social science law.Functional interpretation incorporates uncertain purpose interpretation into law,making purpose interpretation objective and acceptable.Functional interpretation integrates the policy and reasona-bleness of informal legal norms into law,realizing the social conformity of legal norms.As a revolution in le-gal methodology,functional interpretation can promote the establishment of Chinese civil law doctrine and further promote the establishment of an autonomous knowledge system of Chinese civil law.
Functional InterpretationCivil Law MethodologyCivil Law DoctrineAutonomous Knowledge System of Chinese Civil Law
NETL
NSTL
万方数据
维普
