法律解释的法律技术:理论与法律层面

Zh. O. Dzeiko
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引用次数: 0

摘要

在她的著作中,作者提出了一套法律主体进行法律活动的手段、方法、技巧和规则体系,以便理解并在必要时解释法律的内容,以获得法律结果。诚然,法律技术对于法律规范解释的主要特征是:它是法律情境中一个相对自主的要素,这源于它的定性和定量特征;法律规范解释技术的本质在于它与法律的本质和法律制度的发展水平相对应;它的适用是法律主体深思熟虑的、有意的活动的结果;解释法律的法律技巧的内容包括理解法律和在必要时解释法律的手段、手段、技巧和规则体系;在内容表现形式上,解释法律规则的法律技术体现为一定的手段、方法、技巧和规则;解释法律规则的法律技术可以分为几类;法律技术在法律规范解释中的作用和重要性体现在法律规范的制定和实施过程中;法律规范解释的法律技术主要基于法学的成果,即法学理论;法律技术在法律解释中的应用必须在法律规定的范围内。解释法律规范的法律技术应该有助于确认、维护和实现人权和公民的权利和自由。法律技术在法律规范解释中的本质和社会功能体现在法律的制定和法律规范的实施中。关键词:法治、立法、实现法治、解释法治、法律技术、法律解释技术
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal technique of interpretation of the law: theoretical and legal aspecks
In her work, the author proposes a system of means, methods, techniques and rules for the exercise of legal activity by subjects of law to understand and, if necessary, to explain the content of the law, aimed at obtaining a legal result. It is true that the main features of legal technology for the interpretation of norms of law are: it is a relatively autonomous element of the legal situation, which derives from its qualitative and quantitative characteristics; The essence of the legal technique of interpreting norms of law is that it corresponds to the essence of the law and the level of development of the legal system; its application is carried out as a result of the thoughtful, willful activity of subjects of law; The content of the legal technique for interpreting the law includes a system of means, means, techniques and rules for understanding and, where necessary, explaining the law; In the form in which its content is expressed, the legal technique of interpreting the rules of law is embodied in certain means, methods, techniques and rules; the legal technique of interpreting the rules of law may be classified into types; The role and importance of the legal technique in the interpretation of norms of law is revealed in the law-making and in the implementation of norms; the legal technique of the interpretation of norms of law is mainly based on the achievements of the legal science, namely the theory of law; The application of the legal technique to the interpretation of the law must be within the limits of the law. The legal technique of interpreting the norms of law should serve to affirm, safeguard and realize human and civil rights and freedoms. The essence and social function of legal technology in the interpretation of norms of law is manifested in law-making and in the implementation of norms of law. Keywords: rule of law, law-making, realization rule of law, interpretation rule of law, legal technique, legal technique of interpretation of the law
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