文理解释和论理解释（Explanation of grammar and explanation of logic）.doc

文理解释和论理解释（Explanation of grammar and explanation of logic） Scott: 2012 Criminal Law Center of literal interpretation and logical interpretation Scott: 2012 Criminal Law Center of literal interpretation and logical interpretation. Prepare for the judicial examination in 2012 has quietly opened the curtain, in order to test all friends can be a better review of the challenge, legal education network Xiaobian for everyone to bring the following, hope you can help the pro forma. 1. arts and explain, refers to interpretation method according to the usual usage of grammar, meaning. Example: women who commit crimes against women include all women, including both Chinese and foreign women, including both adult and young girls. Interpretation of science and art, also called literal interpretation, is the basic method of interpretation of criminal law. The meaning of the criminal law is determined and expressed by language, but the controversy often comes from the different understanding of the language. In the interpretation of criminal law, implies an agreed benchmark (premise), namely the provisions of the criminal law is according to the usual rules of grammar and the literal meaning of drafting, through, therefore, there is no particular reason for the provisions of the criminal law also should be interpreted according to the grammar and meaning, namely literal interpretation method. On this premise, the meaning (conclusion) derived from the interpretation of grammar is called general interpretation. Since the interpretation of science and art is interpreted in accordance with the rules of the most common language, its method and content are also common explanations. Because according to the literal interpretation of grammar, meaning literal interpretation of the provisions, the law (form), it is also called formal interpretation. It can be seen that the explanation of art and science is similar to that of general explanation and formal interpretation, One of the most co