法治反对解释的原则

反对解释是法治初级阶段的一个重要原则.这一原则要求法官奉行司法克制主义,对明确的法律条文必须无条件遵守,在解释中不能附加法官个人的意思.反对解释不是说不要解释,而是说不能过度解释,法官只能行使有限的创造权力,对法律文本已明确的含义,法官的解释就是认同.在我国,由于长期以来一直批判法家的严苛,主张判决中天理、人情与法律的和谐相处,结果使得法律文本被置于不重要的地位.严格执法实际上没有成为我们的执法理念,法律被任意解释、曲解的现象大量发生.严格法制是我们不能逾越的阶段,反对解释的原则应是司法活动的重要原则.

Opposing Interpretation as a Principle of Rule of Law

Opposing interpretation of law is an important principle at the initial stage of rule of law and it demands that a judge should pursue the judicial restraint, obey legal rules absolutely and can not add his personal opinions in interpreting law. Opposing interpretation of law means proper interpretation not undue interpretation. The judge is restrainted in the plain meaning of law text. Legalists have been criticized for a long time for their strictness and harshment in China. As Chinese believe that Qing, Li should be conciliated with law, the law text has not been put in its own place. The law has been interpreted randomly and misunderstanding has taken place frequently and the conception of rule of law faces with challenges. Since strict rule of law is an necessary stage in China, opposing interpretation should be an important principle of judicial activities.