The current legal interpretive theory in our country is based on the construction of a closed conceptual system and a systematic code,with absolute and closed norms as its goals.It views the process of legal application as an inclusive process based on identity,restricts interpretation as a concrete means of serving the process of identity,and regards analogies as a method of filling loopholes.However,the separation structure of analogy and interpretation based on identity not only fails to solve the problem of the degree of concretization of interpretation,but also limits and constrains the function of analogy.After the concept closure as a prerequisite for identity is dissolved,the boundary between legal interpretation and analogy no longer exists,and analogy interpretation becomes the fundamental method of legal interpretation.The goal of legal interpretation is to establish open concepts and relative norms based on similarity.An analogical interpretation system based on similarity is not only necessary,but can also obtain rational evidence.
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