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A Study On The Purpose Of Criminal Law

Posted on:2017-05-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:J H ShiFull Text:PDF
GTID:1106330488997649Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the course of development of criminal law which is increasingly sophisticated. The relationship of the criminal law and the social lives is getting more and more intense. If we want to ensure the criminal law can fit for the social, it’s necessary to interpret the criminal norms according the legal purpose. The criminal objective interpretation can determine the meaning of criminal law norms, so as to relieve the pressure between the criminal law and the developing social. But if it’s given extended application, it will became arbitrary interpretation. Therefore, how to find the methods to make full use of the objective interpretation, and limit it, is one of the important questions in the research of criminal law objective interpretation..Fist of all, the interpretation of the criminal law has the doctrinal entanglements with realism and nominalism in the western Philosophy. The theoretical result of realism in the criminal law is Concept Law. And the methods of objective interpretation are the results of nominalism. The criminal law objective interpretation is deeply affected by the substantial trend of thought in the field of the science of law.The Second, the task of the objective interpretation is to define the content of the criminal law norms. (1) People who interpret the law has been a purposeful act. The establishment of the modern rule of law emphasizes the separation between the power of legislation and the power of justice. The objective interpretation may lead to the power of justice will be extended, even erosion legislation. But we can’t ascribe the phenomenon to the objective interpretation. The relativity of the language of the criminal law norms, decides that we should admit that it’s a feasible strategy to apply the objective interpretation. It’s not to deny the legislative work——the authority of criminal law text, but to coordinate the pressure of the social volatility and the stability of the criminal law.(2) As the measure of profit is the main method in the objective. No violation behavior which break the profit, anyway the act can’t be evaluated crime in the criminal law. And the act that outside of the norms of criminal law action, even caused legal interests, cannot be guilty. When there is an edge of fuzziness, semantic specification language, the legal profit violation can type structure specification content of the criminal law, and enrich the connotation of the full specification. (3)Although from the Standing in the academic position, the form interpretation against the objective interpretation, on specific issues, the form interpretation also in the use of the method of objective interpretation. Actually, in the explanation of specific charges, the form interpretation also have to explore the purpose of criminal law norms, rather than purely concept deduction. As a method, the objective interpretation has no relationship with the contention of the school debate.The third, literal interpretation and objective interpretation represent two different interpretation concepts. In the view of judicial criminal law, the interpretation of criminal law focuses on solving the asymmetry between the facts of the case and the norms of the criminal law.The objective interpretation shows the open structure. Through the interactive analysis between the facts of the case and the norms of criminal law, we can achieve the correspondence in them.The objective interpretation is not the dogmatic discourse of prosecution, but also a tool used by the defense side. The application of the objective interpretation, can remote the realization of the dual function of criminal law.The fourth, the rise of the objective interpretation is closely related to the interests of law. Although the objective interpretation declared to accept the restriction of criminal law text, but the position of the interpretation will change in the interpretation of the specific crime, and also become the arbitrary interpretation. The conclusion of the interpretation method my not conform to the objective reality. The claim of the priority of objective interpretation may drain the context of the criminal law norms. Prominently reflected in the application of the objective interpretation will make the set of the criminal law lose behavior regulation function, and further lead to different charges in the criminal law at will, the conclusion break the national forecast possibilities. Therefore, it is necessary to carry out a dialectical analysis in the objective interpretationThe fifth, in general, there are two methods of limiting the objective interpretation, including restrictions within the specification and the restriction outside the norms.Within the norms, the system of criminal law constitutes is an important constraint on the objective interpretation. When we are using the objective interpretation, we should seek the conclusion of the system in accordance with the law. The system in the interpretation of the criminal law of the identity rule, the same row of heteronomy, similar interpretation rules, from the different side, limit the objective interpretation.Experience knowledge represented by common sense, has an important function of rectifying the deviation of interpretation. The development of modern criminal policy shows that the criminal policy has become an important factor that affects the interpretation of criminal law. It’s necessary to set a certain boundary about the criminal policy became the basis in the objective interpretation. In order to guard against the risk of the rule of law, which is due to the criminal policy is brought in the criminal interpretation.
Keywords/Search Tags:The purpose of criminal law, Objective interpretation, Legal interests, Hermeneutic, The typification
PDF Full Text Request
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