Study On The Rules Of Criminal Law Interpretation

By introducing and accepting the methods of criminal law interpretation and the system of criminal law dogmatic from abroad,the methodology of criminal law in our country have gone through a process of understanding and applying the basic concept and principle of methods of legal interpretation.In order to ensure the certainty of criminal judicial decisions,promote the precision of criminal law theory,and facilitate the practices of criminal law methodology,the next task for the methodology of criminal law is researching the specific rules of the methods of legal interpretation.The study during this period is mainly to embody the methods of criminal law interpretation on the base of highlighting the practicality of methodology,so that we can reveal the way by which interpreters come to interpretation conclusions.There are two main challenges on this study.On the one hand,prior studies have had some macroscopic problems that have not been resolved.For example,is there any conflicts between the principle of prohibiting the explain by analogy which is the main content of principle of legality and the analogy as the interpretation methods of criminal law.These problem is not only the inevitable question about criminal law methodology,their conclusions affect whether the study in specific application continues.On the other hand,forming the rule of criminal law interpretation mainly depends on analyze and summarize the process of criminal law interpretation,or the rule of criminal law interpretation is the exploration and summary to the interpretation discipline which is embodied in the interpretation methods of criminal law.For this reason,the research on the rule of criminal law interpretation is basically descriptive rather than constructive.Meanwhile,under the background of long cultural tradition and particular national conditions,reception of western law announce that there is biggish correction and development space.This complicated situation in theory and practice also decided the rule of criminal law interpretation is constructive in some ways.Overall,the premise for building the rule of criminal law interpretation.The so-called interpretation methods,including literal interpretation,systematical interpretation,historical interpretation,teleological interpretation,is merely constructive perspective or constructive reason.On the basis of dividing law interpretation methods into law interpretation elements and law interpretation rules,This article went beyond the previous views,holds that the rule of criminal law interpretation should include thought rules of criminal law interpretation,rank rules of criminal law interpretation and specific application rules of criminal law interpretation.Among them,the specific rules of application also contain literal interpretation Systematical interpretation teleological interpretation.In practical terms,thought rules of criminal law interpretation is analogy in the current thoughts of criminal law interpretation,the concept thoughts which has abstraction,stability and closure still occupy the mainstream status.Typological thinking has contributed to backing the processes of creating behavior types and finding the interest value judgment adopted by legislators,This helps in reshaping that interest value judgment in judicial judgments according to current values and objective environment.Law application mode which is the basis of typological thinking is different from traditional mode,its core elements is analogy or compare.Analogy at meaning of thought rules of criminal law interpretation is different from the analogy in the principle of prohibited analogy.The former analogy and compare is mean the same thing that the fundamental way of thinking in application of law.Analogy rules is not only related to divide the behavior types and application range under systematical interpretation,but also about the choice between subjective interpretation and objective interpretation under teleological interpretation.Taking "Bribery crime by the influence" as an example,applying the rule of criminal law interpretation can ensure that there would not be any phenomenon of detaching from the real life or causing punishment loopholes.The rank rules of criminal law interpretation means criminal law interpretation activities take revealing the purpose behind the articles as its task.positive theory usually divides the rank of criminal law interpretation into application programs and effectiveness.The application order more or less according to the sequential order,literal interpretation,systematical interpretation,historical interpretation,teleological interpretation and constitutional interpretation,but the rank of effectiveness mainly about the highest priority between literal interpretation and teleological interpretation on different occasions.The negative theory denies the existence of priority in all sorts of elements of the criminal law interpretation for the reason that the complex relationship among the elements.This paper holds that,the rank of criminal law interpretation is about which elements has the priority.Because the criminal law interpretation has to be restricted to the range of original text,so the criminal law interpretation should regard the legislative objective and legislative intent as the supreme rank.The rile of literal interpretation include formal rule and substantial rule.The formal rule is the possible range of original text,the substantial rule is the differentiation between descriptive elements and normative elements.In the formal rule,possible range of original text is a recognized boundary of literal interpretation which is related the distinction between expansion interpretation and analogy interpretation.For the possible range of original text,this article hold comprehensive procedure theory.Applying multiple formal rule and substantial rule include the possible range of original text,citizen’s forecast possibilities,crime type,punish necessity,protecting the legal interests,systematical interpretation,teleological interpretation,will contribute to the determinacy of possible range of original text.The procedure theory shows that possible range of original text depend on the common view in the legal community.In the substantial rule,this article hold that we should emphasis the differentiation between descriptive elements and normative elements.The system rules of criminal law interpretation mainly include the interpretation rule of according to penalty and the interpretation rule of same kind.The interpretation rule of according to penalty decide the scope of vague formational requirements according to the degree of legal punishment.According to the interpretation rule of same kind,the hidden content should be interpreted as what came before and what follow it.In practical terms,the interpretation rule of same kind should comprehend the behavior from four aspect include structure,quantity,property and function.The teleological rules of criminal law interpretation include the interpretation rule of interest measurement and the constitutional interpretation rule.Interest measurement is a comprehensive measure way to personal interests,legal institutions interests,social public interests.In criminal law system,it mainly shows in judging whether legitimate reasons is supported.The constitutional interpretation rule explain criminal law according to constitution.It always play a role in situation of uncertainty concept and many explanations conclusion.In criminal justice,the constitutional interpretation rule has the same meaning with tendency of turning criminal law into criminal policy.