Text,serving as both the medium and content of information,forms the foundation of cognition.Legal texts are attached to words,and the meaning of legal norms is also based on the meaning of words(literary meanings).The process of law application,namely,the process of legal interpretation,starts and largely concludes with the literary meaning of the text.Literary meaning is bounded,exceeding literal limits extends beyond the realm of legal interpretation.It enters the domain of ongoing legal creation,requiring the filling of loopholes through analogies and other methods.Literary interpretation is the starting point of legal interpretation,yet it has its limits and is not exhaustive.Even when the textual meaning is clear,the"clear and unmistakable rule"since Roman law should be recognized as only a presumptive rule.It is still necessary to combine other interpretation methods,especially purposive interpretation,to explore the"purpose"and"meaning"of the norm.In applying the interpretation of the Civil Code,aligning with interpretation theory,it is imperative to uphold the methodological value of literal interpretation and also essential to transcend the mere"textual"value inherent in literal interpretation.
关键词
文义解释/文义/《民法典》/法律解释/法的续造
Key words
Literal Interpretation/Literary Meaning/Civil Code/Interpretation of Law/Development of Law
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