Research On The Mode Of Criminal Law Interpretation Under The Theory Of Subjective Interpretation

"Easy Journey" :gentleman punishment with caution,without leaving the prison.The basic concept of modern criminal law is cautious punishment,and achieve the goal of protecting human rights.Protection of human rights is the basis of clear meaning of the Criminal Law,but lawmakers have their inherent historical limitations,No matter how thorough and detailed legal provisions,never all snare.When applicable law,if you have any question, dispute,desire decisions, both in law interpretation.How to accurate interpretations of the law,set up the correct explanation concept is the key.Select the interpretation of the concept will lead to differences in explanation of position,angle,frame and other methods, and ultimately affect the interpretation of the results.In criminal law,the theory of subjective interpretation and objective interpretation of the concept conflict reflects the different value of pursuit of interpreter.In recent years, the theory of objective interpretation of the academic boundaries has the tendency of expansion,many scholars believe that this theory is more in line with the current social situation, should be further advocated.However, the scholars who hold the view of the subjective explanation think that advocates the objective interpretation theory of possible infringement of a legally prescribed punishment principle, so we should stick to the theory of subjective interpretation.In view of this debate, it is necessary to further thorough study on two kinds of explanation concept, clear in our country should how to treat, explains the philosophy, and outline a from concept to stand to mode of interpreting method, in order to realize the interpretation of criminal law system construction and good operation.From the theory origin,the argument between subjective interpretation and objective interpretation is closely related to the debate between intention doctrine and textual doctrine in jurisprudence.In the criminal law, the subjective interpretation can be traced to the same origin of intent doctrine,that law is created by human to human,lawmakers participation intention, value, and the pursuit of hidden behind the law.In the application of law when "legally binding", not only refers to the constraints of the letter of the law, also includes the evaluation and intention of lawmakers at home.Objective theory combines the text in the development of socialism, claims laws apply once you start, will develop independent effectiveness.Intervention in diverse and changing relations of life in the process, the law will go beyond the original expectations of legislators, legislators did not take into account the problems, but also must provide the answer.It goes without saying that the objective interpretation theory essentially social value above personal value.No matter how the concept emphasizes the importance of the text,it can not get rid of the reasonable standard to break the rules and the meaning of the word.On the contrary, on the subjective interpretation criminal law in line with clear and conservative interpretation of the requirements, but also to meet the people on the legislative power of the full trust and recognition.Though this theory has a lack of creativity and uniqueness of the risk, but also guarantee the stability of criminal law, conform to the characteristics of the discipline of criminal law.From the point of view of utilitarianism, compared with the objective interpretation theory, the theory of subjective interpretation, though cannot be well alleviate lag problem of criminal law, but it has brought more advantages, advantages theory as the basic concept,should be promoted.In the system of subjective interpretation, the position of interpretation is an important hinge of the concept and method of the connection.Specifically, the prominent reflection of this position is the dispute between formal interpretation and substantive interpretation.Interpretation form place the judgment of text in the first place, then consider substantial judgment, conform to the principle of a legally prescribed punishment.Substantial interpretation are taken in reverse order, it is more likely to violate the principle of legality.Substantial explanation, of course, impossible to admit that it will be on the risks of a legally prescribed punishment, as long as their security can’t explain and arguments above text, will be able to fit in to the clarity of the criminal law at the same time, further meet the requirements of rationality.In criminal theory,the interpretation of form and essence of opposites exists in the constitutive requirements of debate,the substantial interpretation tend to place substantial judgment in conformity to judgment,and form explanation requires compliance as far as possible without value judgment.From the direction of attention in terms of both subjective and objective interpretation theory and the concept is not entirely correspond, but many scholars have pairwise comparison.This is because the objective interpretation theory as to follow along with the development of the society is more likely in essence explanation,and the theory of subjective interpretation is need to keep the stability of the law and more compliance form to explain instructions.In fact, no matter how to choose the objective interpretation theory,the theory of subjective interpretation theory demands in explaining the logical form to explain.The basic position of subjective interpretation that determine the form is better than the substantive judgment, which is the same strain with the intention and method of theory.Schleiermacher, the master of the intention, make the approach of "empathy" author summarized as two aspects of semantics and psychology.Among them, the semantic interpretation under the theory of subjective interpretation mainly refers to the interpretation of the text and the system.The interpretation of the text meaning is basic, popular and liquidity, and on this basis has the limitation and expansion of the two functions, these characteristics and functions of the legislative intent to find an important role, and can adhere to the principle of legally prescribed punishment.System interpretation is a continuation of the text. On the basis of the closure of the criminal law, the system can ensure the coordination of the text, and finally realize the further testing and verification of the text.And under the theory of subjective interpretation of psychological explanation mainly contains the historical interpretation and objective interpretation.Historical explanation is the important reflection of legislative intention in the history of change, through interpretation of "history" and the historical evolution, legislation and the legislative background of application, can reverse inference legislative intent.In the teleological interpretation, is for the purpose of "law" and "legislators" comparison of the two views and finally it is concluded that legislators goal is pursued by the theory of subjective interpretation.In methodology, the interpreter can use the guiding role of the legal interests, and on this basis with other interpretation methods for the teleological interpretation.After the analysis of the above explanation, this paper puts forward the literal interpretation, system interpretation,historical interpretation, teleological interpretation of the interpretation of the order, and in order to achieve the intention of the legislation.Under the theory of subjective interpretation, in addition to the structure of the longitudinal methodology, also need to lateral defined in the concept of ultimate limit of text.Among them, the extensive interpretation, restrictive interpretation should be hold, analogy explanation needs to be rejected, natural interpretation will be limited.Among them, the restrictive interpretation is conducive to human behavior, narrowed the scope of punishment and strict interpretation of the concept of differentiated based on, clear that the restrictive interpretation which under the subjective interpretation is consistent with the requirements of crime and punishment legal principle and modesty of criminal law philosophy.In the extensive interpretation, it is argued that the interpretation should be carried out with the core text meaning, and then again to verify the possibility theory, and finally get the upper limit of the text after comparing with the analogy explanation.Natural interpretation is to "lift to the bright light, to lift the weight of light" concept is applied to the interpretation of the criminal law.In the theory of subjective interpretation,natural interpretation is used to infer the author’s intention which is reasonable, but this method is not unlimited, a slight mistake will be an analogical interpretation.Therefore, this interpretation should be based on the text as the basic point, combined with the inherent legislative purpose of the restrictions and external things logical judgment, and ultimately determine the course of judgment.The interpretation of criminal law, in addition to the correct method, limit and position, must take into account the main factors, and the specific body of our country has the right to explain the interpretation of the important position in the interpretation of the criminal law.In our country, the right to judicial and legislative interpretation power allocation to the focus of controversy is explained, which also relates to the subjective interpretation on an important issue-- the association of the legislature and the legislative intent.Theory of objective interpretation for the independence of the stressed words and don’t need too much about the subject.Under the subjective interpretation,legislative interpretation exercised by the legislature, easier to convince people that the contact between the legislative intent, while judicial explanation may not have this feature.From the perspective of safeguarding the authority of the law, if we want to carry out a unified and normative interpretation, legislative interpretation is a more appropriate choice.From the distribution of power, the judicial authority who make the authoritative interpretation more focused on the application, that is, towards the objective interpretation theory.Therefore, China’s current legislative interpretation of the "qualitative", judicial interpretation of the "quantitative" power distribution is appropriate.However, the practice of the problem is complex, legislative interpretation can’t often formulated,and its solution should be more macro.Ultra vires judicial interpretations shall be restored to the original distribution of power left in the blank area.The current guiding cases in our country should be transformed into guiding cases through strict procedure, which can provide reference for different cases.