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A Study On Legislation Trend Of Judicial Interpretation Of Criminal Law

Posted on:2005-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:H L WuFull Text:PDF
GTID:2156360122485354Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Judicial interpretations by supreme court as primary means of application of criminal law, to relieve the contradiction between stabilization of criminal law and adaptation of criminal law, and have an important effect on the criminal law application and the maintenance of criminal law authority. There are many criminal law scholars who have been carrying studies on the principal, the range, the effectiveness, the system of judicial interpretation of criminal law and so on in theoretic, whereas no one pay more attention to legislation trend of judicial interpretation of criminal law. This dissertation makes a probe into how to establish the reasonable system of criminal law interpretation and application, by analyze the phenomenon and reason of legislation trend of judicial interpretation of criminal law and appraise the rationality of legislation trend of judicial interpretation of criminal law, and hope it can benefit to the application and development of criminal law.The preface emphasizes the importance of probe into legislation trend of judicial interpretation of criminal law. Besides the preface, the whole dissertation can divide into three parts, altogether 39,000 words, including 4,000 words of footnote.The first part analyzes the phenomenon and reason of legislation trend of judicial interpretation of criminal law. The dissertation thinks that legislation trend of judicial interpretation of criminal law in the content and form is more obvious than past. Large amounts of judicial interpretation of criminal law which relate to every aspect of criminal law, the judicial interpretation of criminal law which encroach the legislative, the abstract judicial interpretation of criminal law and the legislation technique which has been used in the judicial interpretation of criminal law are phenomenon of legislation trend of judicial interpretation of criminal law. The brief and coarse criminal law, the legislation which depend on judicial interpretation of criminal law, the judges whose law knowledge require enhanced, the idea that judicial interpretation of criminal law is a power are reasons of judicial interpretation of criminal law.The second part analyzes and appraises the rationality of legislation trend of judicial interpretation of criminal law. First, the dissertation based on the creationary limit of judicial interpretation of criminal law thinks that legislation trend of judicial interpretation of criminal law exceed the creationary limit of judicial interpretation of criminal law. Second, the dissertation, under the direction of Principle of Legality, thinks that legislation trend of judicial interpretation of criminal law in contravention of Principle of Legality. Third, the dissertation based on the actual effect of judicial interpretation of criminal law thinks that legislation current of judicial interpretation of criminal law don't make criminal law become more specific than past, counteract the advance of law knowledge for the judge and weaken the domino effect of criminal law unification. The dissertation based on the above analyse thinks that legislation trend of judicial interpretation of criminal law have no rationality.The third part discusses that we should establish the rational system of interpretation of criminal law in order to avoid the legislation trend of judicial interpretation of criminal law. The dissertation thinks the means that legal interpretation should be taken as guiding principle not an effective means, because it can't resolve the legislation trend of judicial interpretation of criminal law. In fact, legislation trend of judicial interpretation of criminal law come into being because the power of interpretation of criminal law was distributed irrationally and depend on judicial interpretation of criminal law by supreme court excessively in practice. Therefore, we must reform the system of interpretation of criminal law, recognize that the judge have power of interpret criminal law and let judges' interpretations be main part of the whole interpr...
Keywords/Search Tags:Interpretation
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