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