On The Criminal Law Legislative Interpretation

The author takes the view that the definition of criminal law legislative interpretation is effective explains of partial clauses of the criminal code by special legislative who accord to the legal procedure. This thesis deals with the issues in three parts:The first part surveys the source of criminal law legislative interpretation. One is the limitation of legislator's reason. As a man, the legislator is of reason and subjective initiative, he can conclude law from history experiences and he can use logic and reasoning to compile criminal code to restrain today, to forecast future. But his capacity is limited, it subjects to many factors such as man's emotional impulse and everyone is different. So there isn't a flawless criminal code and criminal law legislative interpretation is one of the methods that supplement the criminal code. The other is the character of the statutory. Criminal code is of the nature of public, stability and variability. The criminal code uses statutory as the carrier, but the expression and application of words aren't so satisfying, and the stability of law decides its delaying, that is to say the law is out-of-date when it is promulgated. The meaning of the words will change with the development of the society, which can change the meaning of the clauses. It's wasting time and costing much to complete this change in the range of its available meaning by legislation, so the defect of the legislation can be mitigated by legislative interpretation.The second part focuses on the differentiations. Firstly, the author makes a detailed study of criminal law legislative interpretation and criminal law legislative power. Beccaria set up the source of the penal power that affirmed the highest position of the legislative power and prohibited judges to interpret law. Rousseau, Kant and Locke all had expounded clearly that legislative power was the highest power, and it fully reflected that the public managed the nation. Ours is a socialist country, and the status of legislative power shouldn't be gone beyond. It's necessary to differentiate the legislative power and the judicial power, and the latter can't take place of the former. The criminal law legislative interpretation is one part of the criminal legislation in the broad sense, so criminal law judicial interpretation can't be instead of it. At the same time, the power of legislative interpretation isn't equal to the power of legislation that also includes the power of draft, the power of amendment, the power of liquidating and the power of abolition. Legislative interpretation is of its existing meaning, it's different from legislation in many aspects such as fixing eyes upon,subject, legal result and legal procedure.Then, the author probes into the issues of criminal law legislative interpretation and criminal law judicial interpretation. In judicial practice, the number of judicial interpretations is very large, and the phenomenon that the judicial power exceeds the legislative power is serious. The difference between them is subject, object, start, nature and effect.In the third part, after combing the present conditions about criminal law legislative interpretation, the author sets up a probing and preliminary design about this system. There are six standard criminal law legislative interpretations from 2000 to 2003 that exist outstanding characteristics. The number is few, the content needs improving and they were passive, that's to say, they were mainly made to settle the divergence between the procurator ate and the court. The real style of criminal law legislative interpretation isn't defined and built. Through analyzing present legislative interpretations, the author designs a system about it:â…°.The start of criminal law legislative interpretation. The first is when part of the clauses need going step further; the second is when some new conditions appear, it is necessary to explicit the legal basis. The third is when an elastic clause needs interpreting.â…±.The subject of criminal law legisla...