Dilemmas and Breakdowns:Re-discussing Eclectic Purpose Interpretation Methods and Positions in the Background of Subjective Goal Priority to the Objective Goal
Under the background of interest jurisprudence,the method of objective interpretation is the crown in the system of legal interpretation,and the choice of subjective and objective theory is the core of the controversy of the method.All the theoretical disputes will be"stumbling blocks"in practice,so it is urgent to sublate the viewpoints in the subjective and objective theory and put forward a new compromise position-the subjective goal gives priority to the objective goal position.Based on the method of purpose interpretation,this paper expounds the concept of purpose interpretation and the complexity of"purpose".Through analyzing and distinguishing the traditional subjective and objective purpose theory,it points out that the purpose interpretation can achieve an effect in line with the legal purpose by applying the subjective purpose priority position in judicial judgment.So that judges can understand and interpret the law more comprehensively and efficiently in the process of adjudicating cases,and ensure the realization of the values of rule of law,justice and order.
objective interpretation methodtraditional subjective and objective theorysubjective goal priorityRule of Law
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