“反对解释”有效性的逻辑考察

一般认为,不是所有的法条都可以进行反对解释。但是,所有的表示法律效果的法条都有其反面含义,都有与其等价的逆反命题。笔者经过研究认为,如果认为反对解释就是根据文字的正面含义推测其反面含义,那么所有的假言推理式的法条都有其反对解释。但是,只有法律要件和法律效果构成必要条件和充要条件的假言命题的法条,才可以采取否定法律要件进而否定法律效果的解释方式。充分条件的假言推理式的法条只能进行否定法律效果进而否定法律要件的反对解释,在这种情况下,否定法律要件,不能必然否定法律效果。

Logic Research on Effectiveness of Opposite Interpretation

It thought that opposite interpretation is not applicable to all the articles of law, however, opposite meanings or opposite propositions with equal value lies in all articles that convey legal effect. Based on deep research, the author considers that all the hypothetical and presumptive articles have its opposite interpretation, if opposite interpretation is defined as inferring effect by the opposite meaning from the original meaning of the words. In fact, the interpretation mode of negating legal effect by negating necessary conditions can only be applied to the hypothetical and presumptive articles where necessary condition and sufficient &necessary condition have been constructed between legal necessary condition and legal effect. As for the hypothetical and presumptive articles containing sufficient conditions, opposite interpretations can only be obtained through negating necessary legal conditions by negating legal effect, in this situation, legal effect can not be necessarily negated by negating necessary legal condition.