Translation: 学理解释

Question

The most common translation I've seen online for 学理解释 is:

academic interpretation

but looking up information in English about academic interpretation kind of only gives results from the original translation or stuff that means something completely different.

CNKI has a completely different, and consistent translation, though:

Criminal Treatment of the Juvenile Crime:Doctrinal Interpretation from the Perspective of Criminal Policy 未成年人犯罪的刑法处遇——刑事政策视域下的学理解释

In fact, the interpretation of criminal law is a organism, whose whole function is determined directly by three elements, namely legislative interpretation, judicial interpretation, doctrinal interpretation, and their interrelation ship as well. 刑法解释体制是一个有机系统 ,立法解释、司法解释、学理解释三部分的自身状况及相互关系决定刑法解释体制整体性能的良性发挥。

Doctrinal interpretation initiates application and interpretation of penal code 17th section and second paragraph,it would persevere definition way of the theory of conduct plus the theory of accusation; 其中学理解释在弘扬该刑事政策的基础上,在未成年人犯罪的刑法处遇上倡导:对刑法典第17条第2款的解释和适用,应坚守行为说+罪名说的限定方式;

I'm more willing to trust CNKI than Baidu, but I'm no lawyer - I'm not sure if Doctrinal interpretation means anything at all.

lawyer.get.com.tw also has the following:

詞條

doctrinal interpretation

中文

學理解釋

解釋

與法定解釋〔legal interpretation〕相對，其依法律本身內在的合理性進行解釋。按其解釋方法不同，又可分為語法解釋〔grammatical interpretation〕和邏輯解釋〔logical interpretation〕。 → interpretation ( 撰)

The Free Dictionary has some info:

4. According to the civilians there are three sorts of interpretations, the authentic, the usual, and the doctrinal.

7.-3. It is doctrinal when it is made agreeably to rules of science. The Commentaries of learned lawyers in this case furnish the greatest assistance. This last kind of interpretation is itself divided into, three distinct classes. Doctrinal interpretation is extensive, restrictive, or declaratory. 1st. It is extensive whenever the reason of the law has a more enlarged sense than its terms, and it is consequently applied to a case which had not been explained. 2d. On the contrary, it is restrictive when the expressions of the law have a greater latitude than its reasons, so that by a restricted interpretation, an exception is made in a case which the law does not seem to have embraced. 3d. When the reason of the law and the terms in which it is conceived agree, and it is only necessary to explain them to have the sense complete, the interpretation is declaratory. 8. The term interpretation is used by foreign jurists in nearly the same sense that we use the word construction. (q. v.)

but, again, I'm no law expert.

Is doctrinal interpretation a proper translation of 学理解释?

Answer 1

Doctrinal Interpretation would be a good translation. For these types of translation, it's important to localize and keep the original meaning as much as possible.

http://thefederalistpapers.org/principles-of-constitutional-interpretation
The above link presents us with six main methods of interpretation when looking at law: textual, historical, functional, doctrinal, prudential, equitable, and natural.

Out of the six, doctrinal is presented as : Decision based on prevailing practices or opinions of legal professionals, mainly legislative, executive, or judicial precedents, according to the meta-doctrine of stare decisis, which treats the principles according to which court decisions have been made as not merely advisory but as normative.

http://www.twwiki.com/wiki/%E5%AD%B8%E7%90%86%E8%A7%A3%E9%87%8B
This link explains that doctrinal interpretation, 學理解釋是專家學者從法律理論/各家學說的角度對法律所作出的解釋，沒有法律強制力，不是法官審判案件的依據，不具法律約束力，但是從法律的淵源及將來的發展來看，學理解釋是一個很重要的法學發展的推動力量。
A rough translation would be: The doctrinal interpretation of the law from a "philosophical (法律理論)" and "professional (專家學者)" standpoint, is not legally enforced, does not present itself as the basis for a judge to judge a case, and is not legally binding, but is rather viewed from the "original legislature (法律的淵源)" and its' future interpretation. Doctrinal interpretation is an important driving force for the development of laws.

You can kind of see that doctrinal interpretation has more of a philosophical/theory type of definition and is more often used for discussing laws.

Answer 2

is it a term in civil law only? cause i searched in these four:

English-Chinese Glossary of Legal Terms

Hong Kong Legal Information Institute

World Legal Information Institute

雙語詞彙資料庫, of taiwan

non of them has the term "doctrinal intepretation".

so, the finding you had, is the "only" translation in chinese now; which means "better than nothing".