| By studying the process of interpreting Chinese criminal law, this dissertation, based on the philosophical theories such as Philosophical Hermeneutics of Gadamer, Analytic and Linguistic Philosophy of Wittgenstein, the Theory of Communicative Action of Habermas, reviews the factors that confine the finding of appropriate conclusions in law interpretation, it concludes that the approach of getting appropriate conclusions should be ensured both by methods and procedures, which are studied intensively in this dissertation.The aim of this dissertation is trying to offer some technological supports in law interpretation, so as to improve the quality of law interpretation and make it more objective, more widely accepted.This dissertation comprises introduction and main body which consists of five parts.The introduction sets forth why the author ch'ose such a topic and the significance of such a topic as well as the innovation of this dissertation.The first chapter is Philosophical Hermeneutics and legal Hermeneutics. It begins with a systematic exposition of the developing process of Philosophical Hermeneutics and the viewpoint of the representative scholars ,then it presents the changes occurred in legal Hermeneutics.In the light of the viewpoint that there is no law with only one correct explanation, and explanation has the characteristics of subjective and creative, the author attempts to introduce the Theory of Communicative Action of Habermas. This dissertation upholds the view that criminal law explanation should focus on guarantee legitimate but also reasonable . In order to obtain appropriate legal explanation, we should construct an "ideal speech situation" , in which no participator is bereft of rights to speak or decide, and studying from aspects of method and process are indispensable.The second chapter is The General Studying Of Legal Explanation. It discusses the basic problems concerning legal hermeneutics ,such as the objectivity, definition, subject, object and aim of legal explanation. The viewpoints concerning these problems hold by this dissertation are as follows: the legal explanation has the feature of objectivity kind of relative objectivity based on the rationality of communication, the subjects of legalexplanation should not be confined to certain group of people, because everyone should be authorized the right to explain, the answer to the question of the aim of legal explanation actually depends on the philosophy of the outlook which means the combination of the legal objectivity and the judge's subjectivity, what more the legal objectivity as the leading factor.The third chapter is The guiding and restricting of the principle of "legally prescribed punishment for a specified crime(the principle of nullum crimen sine lege, nulla poena sine lege) " in criminal law explanation. Thoroughly and deeply analyzed the contents of the principle of "legally prescribed punishment for a specified crime ", this dissertation probes into the value of principle of "legally prescribed punishment for a specified crime". The core viewpoint of this dissertation is admitting that principle of "legally prescribed punishment for a specified crime" owns both values of protecting society and freedom. Criminal law interpretation should be set considering both values of safeguarding society and guaranteeing freedom, and be set in aim of carrying out the aim of criminal law itself, not of favoring the defendant.The fourth chapter is The methodical studying on how to find a appropriate conclusion in criminal law interpretation. Combining characteristic issues in criminal law, this chapter deeply studies the operation of various explanation methods in criminal law explanation. To obtain the most appropriate explanation, the explainer must try various methods for each case without bias. Based on the principle mentioned above, this chapter studies the application of literal interpretation, systematic interpretation, teleological interpretation.The fifth chapter is The procedural studying on ho...
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