چكيده فارسي
Legislatorʹs efforts to approve clear and transparent codes (or Statutes) are necessary, and the legislative body should pay attention to the non-ambiguity and non-comprehensiveness of the codes and regulations it approves. However, due to social developments and the emergence of new issues whose legal rulings are not clear, and due to the vagueness of some legal provisions, correct and orderly interpretation of the law is an inevitable action. Therefore, in the substantive civil and criminal codes, are the principles governing the interpretation common or are they different from each other? What is the application of these principles and interpretive tools in each of the substantive civil and criminal laws (codes)? Therefore, in the current research with a descriptive-analytical method, the principles and rules of interpretation in civil and criminal law are investigated in order to determine the conditions of interpretation in each of these two trends of legal knowledge and how to use these principles in a comparative manner. In this research, the interpretative principles of criminal law are investigated, which depends on their correct use to achieve justice based on rights. Also, some other principles of interpretation, such as the appearance of the legislatorʹs words, paying attention to the spirit of the law, etc., which are used in the interpretation of civil and criminal laws, are discussed, and the differences in their use in each of the substantive civil and criminal laws are identified; Because in the matter of interpretation, when it comes to the legal logic that governs the reasoning, the manner and method of using the principles of interpretation should be known and taste biases should be avoided. Also, the views of some famous hermeneutists, such as Gadamer and his interpretation method, were discussed. Carefully in the existing legal logic that is based on the Islamic Sharia, it was known that in the civil and criminal codes, since most of their rulings are based on the will of God, interpretation in Gadamerʹs way is not possible, and the interpreter cannot simply agree with his mental horizon, Interpret the law (code). Of course, in the realm of variable codes (Codes whose rulings are not specifically taken from Sharia and jurisprudence), it seems that it is possible to use Gadamerʹs interpretation method in the interpretation of such codes; With the difference that in the realm of civil law, the interpreter is freer in his interpretation than in criminal law, because in the interpretation of criminal codes Due to the importance of formal positivism that somehow guarantees individual freedoms, the interpreter must follow the rules of the logic of criminal law, including the principle of narrow interpretation, interpretation in favor of the accused, and the prohibition of resorting to analogy. It is clear that the interpreter in civil law does not have such limitations.
