Although all kinds of legal interpretation methods take the legal text as the starting point and destination, the "literal interpretation method" is always one of the most basic, commonly used and effective legal interpretation methods in the whole interpretation process. This paper will analyze the connotation and foundation of literal interpretation from different angles, study its own limitations and challenges, and seek specific methods to improve literal interpretation and make up for its defects.
First, the application of literal interpretation in common law countries.
Modern legal interpretation theory originated in common law countries. Here, the application of literal interpretation method in common law countries is introduced first. Taking Britain as an example, it should be said that Britain has rich theory and practice in the application of literal interpretation and other legal interpretation methods. In view of the application of literal interpretation, British judges generally follow the following four principles:
(a) A judge must interpret the law according to the grammatical meaning and ordinary meaning of words used in legal texts in a specific context, but when necessary, he should adopt the meaning of technical terms.
(2) If the judge thinks that the grammatical meaning and ordinary meaning of a legal text (word) are inconsistent with the purpose of the law when interpreting the law, he can adopt the "extraordinary meaning" or other meanings of the text (word).
(3) When the judge thinks that the meanings contained in the existing words in the law imply that there should be other necessary words, he can "read" these words that do not appear in the legal text. At the same time, judges also have certain power to supplement, change or abolish some words in the law, so as to avoid that a certain legal provision is incomprehensible, absurd, unreasonable, inapplicable or completely out of harmony with other parts of the law.
(4) When applying the above rules, judges can resort to various external and internal auxiliary tools and materials, such as the structure of legal documents and documents formed in the legislative process.
From these principles adopted by British judges, it can be seen that common law countries attach great importance to the grammatical meaning and ordinary meaning of legal texts. Although people have made some exceptions to these principles-just like all other fields have exceptions, literal meaning is still the most basic and important starting point in legal interpretation.