Legal interpretation prepares conditions or prerequisites for legal proof. Legalanalogy and legal proof form the relationship between purpose and means.
法律解释为法律论证提供前提性条件,法律推理则与法律论证构成目的与手段的关系。
2
The legal reasoning by analogy, the analogizing system as a way to rebuild laws and the interpretation by analogy are not in the same context of a dialogue.
类比法律推理与作为法律续造之法的类推制度、类推解释并不处于同一对话语境。
3
There are different understandings on the concepts of "analogy", "analogical interpretation"and "application of analogy" in criminal law in Continental legal System and Common law System.