Research On Teleological Interpretation Of Criminal Law

Teleological interpretation, as a kind of negative interpretation methods by German jurist Savigny, just from the middle of the 19 th century, as the German famous jurist Jhering introducing concept of teleological theory in fields of law, teleological interpretation method to cause the attention of people. Teleological interpretation after nearly 200 years of development has become the important method of the legal interpretation methods. In the field of criminal law hermeneutics has been acknowledged as the "crown" of the interpretation method and the authoritative; Of all the interpretation method,it to explain not only the most important, and has a dominant position.If according to the teleological interpretation to explain the meaning of the law will be clear, there is no need to try using other methods to supplement or interpretation to clear them. Not only that, teleological interpretation also extremely rich flexibility. Because of the teleological interpretation is exploring the purpose of which is the basis of the legal norms and values, on the basis of confirm the meaning of legal norms. And criminal law has strong ideological nature, the legislative purpose is more abstract than other law, relevant law determine the purpose of more controversial in the judicial practice. This means that make a substantial justness of teleological explanation in the appropriate conclusion at the same time, will also threat to stability of norms of criminal law. A bit careless, may make the interpretation of criminal law in arbitrary and capricious, legally prescribed punishment for a dam will be virtually erosion and collapse. But in the legal theory especially the theory of criminal law but less comprehensive,systematic and profound theoretical research. If we consider these 200 years, from the concept of law to the jurisprudence of interests, from the form of the rule of law to the substantive rule of law, the interpretation of changes in methodology of jurisprudence, and its associated of the teleological interpretation completely changed the real prospect interpretation of criminal law, so the theoretical research is very important.The problem consciousness of concentrated embodied in the following aspects: firstly, the teleological interpretation theory of criminal law to explain the meaning of related concepts easily confused, and even has caused chaos in the explanation of criminal law theory. Therefore, the author firstly from theory to explain the concepts related to the purpose of criminal law and its surrounding, such as restrictive interpretation,extensive interpretation,teleological reduction,teleological extensive of the concept to start, to avoid falling into the trap of language; Secondly, how to understand the law philosophy foundation of teleological of interpretation criminal law by teleological theory as the theory of philosophy thought, namely through as the philosophical theory of teleology, the philosophy of successors as well as the teleological interpretation of criminal law method of evolution theory, explain how it is the law philosophy basis of teleological interpretation; Thirdly, how to further clarifies " The limit of wording " boundary theory,, the basic function of teleological interpretation to explain clearly, to define the boundary of the teleological interpretation theory explain, provide new path, make a new theoretical explanation; Fourth, how to justify a teleological justification, in theory of legal argumentation as resources, construct a reasonable argument of the teleological interpretation of criminal law theory to explain the conclusion theoretical framework;Fifthly, rooted in the principle of a legally prescribed punishment, to explore the judge with reasonable constraint of the teleological interpretation theory to explain related issues.Based on the foregoing problem consciousness, the author first defined in theory and clarify the relationship of the teleological interpretation of criminal law theory explains the related concepts and its surrounding.In the interpretation of criminal law theory such as “teleological explanation”、“restrictive interpretation”、“extensive interpretation”、“teleological reduction”、“teleological extensive”of theory concepts, such as many scholar s define different.From the teleological explanation theory of the historical roots of inspection, the extensive interpretation and restrictive interpretation is not independent legal interpretation methods, they are under a concept of teleological explanation.Teleological reduction and teleological extensive are creation of new norms method and the theory and is not a legal interpretation methods. For the criminal law, teleological reduction is allowed, teleological extensive is banned.Interpretation of criminal law theory says “the boundaries of extensive interpretation and analogy interpretation”problem, should be “the boundaries of the extensive of the teleological interpretation and analogy interpretation” problem.Secondly, the author mainly discusses the theory teleological interpretation the law philosophy foundation. To summary and evaluation on the ideological spectrum of the concept of teleological theory, teleological theory as the theory of philosophy thought, mainly by Kant and new, with emphasis on the teleology of Kant’s thought; And then studies how the teleological thought by Jhering in into the field of legal philosophy theory, discusses the new concept of Kantian teleology of law philosophy; Finally research by Liszt to Jhering teleological thought after the criminal law theory, which discusses the teleological interpretation of criminal law is important for a concept of teleological theory as the theory of legal interest. To establish value evaluation and the theory of legal interest through the concept of teleological theory as a whole, the conclusion of the law philosophy basis of teleological interpretation of criminal law.And then, the author mainly around the teleological theory boundary problem interpretation research, the problem with the interpretation of criminal law theory problem "extensive interpretation and analogy to explain the differences between", is the two aspects of one problem, so the problem theoretically, very helpful to solve the limit of criminal law interpretation.This article from the following three aspects has carried on the theory discussion: first, from the perspective of the limit of wording as the boundaries of a positive attitude,Law Hermeneutics questioned the possible its by theory analysis and rectification, further to clarify the Law Hermeneutics theory of the so-called " the limit of wording " theory is invalid on the limit of criminal law interpretation. Second, from the analytical philosophy and influenced by the analysis of the perspective of jurisprudence, the theory of possible " the limit of wording " for reflection, tries to reshape the meanings its as explain the boundaries of the criminal law said that the authority of the proposition. Thirdly, based on this, demonstrates the basic function of teleological interpretation of criminal law, is to the criminal law and legal order on the meaning of value evaluation, thus, teleological interpretation to make up for the " the limit of wording " boundary theory, are indispensable. Try to answer as the criminal law interpretation of "crown" teleological interpretation theory explain the intrinsic reasons.Then,teleological interpretation of the criminal law in the legitimacy of justification,must through the three test, namely the teleology to explain the preliminary of justification,teleological interpretation of the depth of the justification and teleology to explain the outcomes considered, beginning can justify its legitimacy.Finally, the author of the teleological interpretation theory to explain the reasonable constraint theory, based on the judge of the law is an important theoretical proposition, due to the existence of the criminal law principle of a legally prescribed punishment for a specified become particularly important. Against the above background, the author discusses the teleological interpretation theory to explain to the law constraint. The author from the teleological interpretation should be restrained by Legal order constraints, built a base on positive constraints through Interest order of criminal law, and a reverse constraints through the interpretation of binary constraint mechanism, reasonable constraint problem of teleological interpretation theory to explain the meaningful study.