How to understand the subjective and objective characteristics of the legal system

Legal hermeneutics belongs to a branch of law. In recent years, legal hermeneutics has become a prominent science, which has aroused widespread concern in domestic law circles. Encouraged by this, the author decided to study and study legal hermeneutics. On the topic selection, in view of the current legal situation in our country, in order to carry forward the spirit of rule of law, the author chose "the objectivity of legal interpretation in judicature" as the research topic. This paper is divided into six parts. The first two parts mainly demonstrate the objectivity of law and legal interpretation from the theoretical level, and the latter part is mainly methodology, that is, exploring ways to realize the objectivity of legal interpretation. In the aspect of theoretical argumentation, the author absorbed the views of Gadamer and Posner. Although their views are not exactly the same, for example, Gadamer emphasizes that understanding is a process of "horizon integration", while Posner pays attention to the practical value of legal interpretation. But they all oppose objectivity in absolute sense, think that legal interpretation itself is a creative process, and attach importance to the rationality of legal interpretation. This provides a theoretical basis for exploring the objectivity of difficult cases. In terms of technical treatment, in order to clearly reflect the objectivity of legal interpretation, at the specific operational level, the author divides cases into simple cases and difficult cases. The case has strong objectivity, which is equivalent to Posner's "objectivity in scientific sense" and is repetitive. "Same case in the same place" is its typical portrayal, which can generally be obtained through deductive reasoning and analogical reasoning. Difficult cases are weak in objectivity and difficult to obtain. Posner called it "the objectivity of dialogue reason", emphasizing reasonable or relatively correct results, and dialectical reasoning is the way to realize its objectivity. This also reflects the complexity of the objectivity of legal interpretation, indicating that law is an art that needs long-term study and practice to be understood. The first part is the objective understanding of the law. Through the development and change of legal objectivity, legal objectivity is gradually clarified. The second part is the development of hermeneutics and the objective understanding of hermeneutics. This part mainly expounds how to understand and explain, what is the objectivity of interpretation, and the influence of philosophical hermeneutics on legal interpretation. The third part is the objectivity of legal interpretation. Through the analysis of modern and contemporary legal interpretation, the objectivity of legal interpretation is gradually clarified. The objectivity of legal interpretation is mainly manifested in the certainty of the meaning of legal texts and the impersonal tendency of interpreters. In terms of technical treatment, the objectivity of simple cases and difficult cases are explained respectively. This provides a theoretical basis for exploring the objectivity of legal interpretation. The fourth part is the goal and method of pursuing the objectivity of legal interpretation. This paper discusses the objectives and methods of legal interpretation. In the priority mode of legal interpretation method, in order to realize the objectivity of simple cases and difficult cases, the path guidance is given respectively. The fifth part is the interpretation of legal facts. This paper expounds the concept and characteristics of legal facts, and demonstrates the identification and interpretation of legal facts. The sixth part is divided into the way to realize the objectivity of legal interpretation-legal reasoning. This paper demonstrates the legal reasoning of Yi Jian case and difficult cases, and obtains the objectivity of each case through legal reasoning.