Introduction
if a clear interpretation of the Constitution in the understanding of science research methods of our Constitution political practice and constitutional a region can not be bypassed, the Chinese constitution today to discuss the issue must be based on clean-up of our existing resources, and on this basis of introspection and problem awareness [/u]. The question is: we have the complete exclusion of interpretation of the Constitution to learn? If you can add a new constitution known as the notes of traditional Chinese constitution, the comment is what the constitution? Interpretation of the Constitution is diametrically opposed to school with even the fragmented it? Taking into account only on the basis of these questions can come to understand his own interpretation of the Constitution is what the status of science in our country? Want to reach a goal? Construction of China's Constitution in order to know and then explain what science must overcome? What should be done? Can we do? And what to do? And other issues, issues related to this paper attempts to make a preliminary Analysis.
First, to confront and transcend
In fact, even in our country such a constitution as the only long-term programmatic documents of a political declaration
country , the interpretation of the Constitution of the activities had not been stopped. This is the nature of the Constitution and the hermeneutic ontology of the decision. If the ontological hermeneutics seeks to clarify the interpretation of what is, and then come to explain a process of seeking to understand the activities and the knowledge associated with understanding the process of
theory theory refers to It is because of epistemological hermeneutics achieved by turning to the ontology,
mbt shoes ireland, hermeneutics to the general evolution of the partial to complete, and,
mac cosmetics wholesale, also by the general hermeneutics hermeneutics into a basic hermeneutics. See [Law] Paul Raleigh Cole: [/u]
society of the Bible, whether it is God or some kind of superhuman strength to the earth in the form of a written instruction and the value of the guidelines, or just have the declaration of the character of fundamental law, the people never stop The instruction and the pursuit of meaning and understanding of the basic law, regardless of who is the main explanation of the authority, explained the purpose, to explain what is, and how to explain the effect.
traditional interpretation of the constitution constitution activities follow
West different countries, their own logic, the specific performance of the main body of scholars to explain, not judges; explain the purpose of legitimate political rule proof rather than to discover norms; interpretation is based on leader's speech and
policy as the basis; to explain the effect of policy guidance rather than normative sense of
legal , to determine the constitutionality of laws and regulations. Since the purpose of this explanation, interpretation, explanation effectiveness with a strong political, in China began a law practice with meaningful activity, based on reflection, people are dissatisfied with the traditional interpretation of the Constitution created, and the only limitation in the literal sense of the interpretation of events called The implication is that comment just as the Constitution Party and state leaders of the mouthpiece, the Constitution did not begin real research, not as an independent science. However, this negative value with the judge but did not deny and deny the fact that the comment is still an interpretation of research activities.
comment as a research method, has a very old school with Western origins, was in classical studies, theology and law studies in place. In China, the Qin Dynasty in China there is an interpretation on that in a classics or even appear on the books of another word, words, sentences, chapters explain. The early Western Han Dynasty, as by the rise of the study, notes that the door to promote the art of
development , comments began to become an organized and systematic work, both the description of the language-based exegetical meaning of words , including the Note also the history of science in the West long. Today's hermeneutics, also known as hermeneutic or hermeneutics, the word comes from ancient Greek mythology, the god Hermes quickly. Hermes is the messenger of God, he wishes to convey to the gods of mortals. In Homer's description, he is often literally the gods told him to convey the message. Europe has also been there,
tory burch outlet, On behalf of its the characters are called Pre Postglossatores main activities in the eleventh to thirteenth centuries,
focus of the transcript compared to correction. Ina of the school's founder is left, the main representative of boolean Ruth, Yazuo, Akusuosi, post comments about law school activities in the thirteenth century to the fifteenth centuries, the focus is not Rome law itself, but the combination of Roman law and customary law, the purpose is to apply the Roman law. Addition to their comments focused on the discussion outside, it is usually known as School of Law party notes the spread of Roman law in Western Europe has an important role. Visible, whether the comment on the general science, or as a law school law school, one of the notes, have been in the classics, theology and law studies occupy an important position. No matter what differences they note the purpose of their research methods have in common is the literal meaning of the text a description and instructions to explain the meaning of naturally contains. In China, note the reason by then evolved into a negative with the title, it will be mainly explained by the doctrine of the text, the text of individual words, phrases, sentences regarded as a model, and not have the slightest deviation. New China's Constitution is known as the notes of the traditional school constitution, is that this methodology is only in the literal meaning of constitutional provisions on the static annotation.
TAG label: the power of the Chinese mission to establish the constitutional interpretation of the study of law
Interpretation of the Constitution of the Chinese mission school
establish Professor,
abercrombie ireland, Doctor of Law; secretary general of the Chinese Constitution.
New China, the traditional study of the Constitution is a constitutional interpretation of events, the study of both its historical legitimacy, but also the limitations of the times, there can learn from the office. If the interpretation of the Constitution is a desirable school
value , the Chinese constitution hermeneutic interpretation of the Constitution to achieve the specifications required to shift from
politics to prove the legitimacy of the rule that constitutional norms into proposition statements. This requires the Analysis of the For this reason, interpretation of the Constitution of the Chinese mission to study the performance of the interpretation of the Constitution established the
symposium 1:
political legitimacy of constitutional interpretation / specification found / that reason
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