文义解释的司法操作技术规则

经过长期的法学理论阐发与司法实践尝试和检验,逐步形成了一系列指引和规范文义解释司法运用的操作技术规则,主要包括语法规则、语义学规则、概括性法律用语规则.通过运用一系列以明晰的规则表达的文义解释操作技术,法律文本的意义模糊问题得以消解,有助于提高司法裁判质量,维护司法正义.文义解释规则化操作表征着,实体正义恰以形式正义为前提条件而获保障.

The Operational Technical Rules of Literal Interpretation in Judicial Process

After elaborate explanation of jurisprudence theory and lengthy verification in judicatory practice, a series of operational technical rules have been developed gradually to guide and definite the judicial application of literal interpretation, mainly including grammatical rules, semantic rules and rules of All-inclusive Expressions. The defect of vagueness of legal texts could be eliminated in terms of the operational techniques represented as rules, which would help to improve the judicial decision quality and maintain judicial justice. So one could say the judicial operation of literal interpretation by law turns out that substantial justice is conditioned on formal justice.