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teleological-interpretation

Teleological interpretation skill (目的解释). When textual interpretation of a legal provision still cannot yield a determinate conclusion, systematically discover and argue the purpose of the provision, choose the most justified meaning within the range the text can bear, and form an adjudicable interpretive conclusion. Trigger conditions (any one suffices): textual interpretation yields two or more meanings and none can be chosen; the textual conclusion is clearly unreasonable; the provision contains open evaluative concepts (e.g., “reasonable,” “正当,” “necessary,” “重大”); the provision is relativ

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