Theory Of Criminal Law Explain Ideas And Methods

At present our country criminal law circles on explanation related issues debate quite a lot,unable to agree, and in the judicial practice method choice for the explanation of criminal law and applicable,also has a strong uncertainty.This article from the basic concept of explanation of criminal law, and probes into the concrete methods of explanation of criminal law, criminal law should follow explanation for some specific principles and rules, and when using and how to use from two aspects of some interpretation method analyzed the use of criminal law interpretation method rules.This paper selects the preface, text and conclusion of three parts. Introduction to the significance of academic subject to criminal law interpretation methods, the research situation, the basic content and the paper expatiates the research methods are briefly introduced.Text consists of three parts. The first part, the basic idea of the explanation of criminal law of strife. The basic concept in the explanation of criminal law, the goal is for the explanation of criminal law, criminal law explain what subjective interpretation theory, the objective interpretation theory explanation of criminal law and criminal law theory explanation comprehensive explanation explanation of criminal law basic idea evaluation and choice of China's criminal law explain ideas. Focus on the goal of establishing the explanation of criminal law has there subjective interpretation theory, objective interpretation theory and comprehensive explanation of the theory of debate. Comprehensive interpretation theory and specific mainly divided into subjective said complementary comprehensive explanation objective said road, objective said, supplemented by subjective said mainly comprehensive interpretation theory. According to our country's just get out of man to rule of law, the judicial officer level is relatively lower actual situation, our country criminal law explain goals should be to search and clarify the subjective when lawmakers enacting criminal both mean is given priority to, the criminal law mean, with its objective as added. The second part, the specific methods of interpretation norms of criminal law. The explanation of criminal law of various ways, scholars in accordance with the different angles and different standards, puts forward: direct interpretation, system explain, historical interpretation, expansion interpretation, limit shrink explanation, of course interpretation, objective interpretation, constitutionality explain, comparison interpretation, sociological interpretation, etc. But the author thought system, direct interpretation of historical explanation and objective explanation, the four explain explanation, method is provided us understanding and the understanding of the criminal law standard four dimension, and to some extent implies applicable criminal law existing in the interpretation process from part to the overall, from the form to content logical thinking order. Therefore, these four methods of interpretation become criminal law applicable interpretation relatively independent four methods. The third part, the criminal law regulate the use of interpretation method. In the current criminal law educational world to the criminal law of the controversial counterparts interpretation method based on summing up, analyze, and puts forward our country criminal law interpretation process to be followed in: direct interpretation is the preferred methods of interpretation; When direct interpretation, the plural results appear interpretation and historical interpretation system of the approach explores legal original intention; Scriptures righteousness, system, historical interpretation when there is still doubt after, the purpose to explain; Constitutionality of other methods of interpretation explanation is the last inspection.