On Judicial Interpretation Of Criminal Law

The judicial interpretation of criminal law, as entitled judicial organization illustrates generally for the concrete application of criminal law in criminal adjudication, is included by interpretation of criminal law, but independents excepting legislative interpretation. This article has analyzed many questions that nowadays criminal law has the problems of dispute by judicial explanation while being deep, and expounds it separately.The first part defines the conception of the judicial interpretation of criminal law. The judicial interpretation of criminal law, means that entitled judicial organization illustrates generally for the concrete application of criminal law in criminal adjudication. The character is statutory, restrictive, catholicity, abstractive. The form of the judicial interpretation of criminal law includes interpretation, rule, official written reply by the Supreme People's Count, and that includes interpretation, rule, opinion, inform, and official written reply by the Supreme People's Procuratorate. So we can say: The difference quality in the form has caused the confusion for judicial practice..The second part probes into emphatically the subject of the judicial interpretation of criminal law. The current situation for the subject of the judicial interpretation of criminal law in China incarnates non-subject of the judicial interpretation of criminal law's scope expanding. It means that non-subject also participated in the judicial interpretation for criminal law, weakened the authority of the subject of interpretation. The pluralistic system makes the judicial interpretation dualistic system of now impact obviously. So, author considers that we should abolish the Supreme People's Procuratorate subject status. First, it destroyed the principle for unify the administration of justice; second, it has reduced the judicial benefit. As the judicial interpretation of criminal law is made by two judicial organization, it is obscured the difference between judicial power and prosecutorial power.The subject question is very complicated. Author thinks that the judge couldn't be the subject of judicial interpretation of criminal law. First, judge's activity of the suitable law has not gotten the affirmation on the system. it means this activity isn't the power of judicial interpretation. Second, the judicial power in China shows as the peculiar exofficio doctrine characteristic. So, the subject of the judicial interpretation of criminal law system in China is not judge but the supreme judicial organization.The three part is deeply discusses the value orientation of the judicial interpretation of criminal law. First, for the value choosing, the judicial interpretation of criminal law uses methodology of subjective and objective integration, because the value purport of subjectivism and objectivism is not repulsed, but syncretized. The judicial interpretation of criminal law' goal is to reproduce purpose and content that criminal law should embody maximizing on the basis of respecting the clause objectivity of criminal law. The interpretator should show the existence of the reason and experience of the law from the angle of the person who legislates, and reaches the justice that law pursues.Second, we should use the teleological Interpretation on the value tendency of the judicial interpretation of criminal law. The true tendency that the judicial interpretation of criminal law want pursues is justice. It should be the holistic explanation. So, on the one hand, interpretation of law could overcome the uncertainty because of the law's own limitation, and prevent the arbitrary interpretation's subjectivity; On the other hand, it could absorb the change factor in the society, realize that the legal purpose and specific social purpose. That is the teleological tendency for the judicial interpretation of criminal law pursuing——The pursuing finally of it is balanced and perfect the need of social justice and personal justice in order to maximize.The forth part discusses...