The Value Of The Form Of Explanation In Criminal Law And Its Implementation

Interpretation of Criminal Law and Criminal Code itself, issues of protection of human rights are concerned, the ultimate goals of criminal law can not reach without interpretation, in terms of criminal law debate to explain their position more and more. The different explanatory positions cause to the different explanatory conclusions, which affect the conviction and sentencing issues in criminal cases. The issues of human rights in all countries are increasingly important issues, due to historical reasons, interpretation of criminal law has a real explanation of the impulse, the process of criminal law in the operation exposed the many problems, there have been many real controversial case, in which the course of the discussion, each is argued, the reality of the plight of the theoretical level, the time during the discussion is not purely theoretical preaching, and must be discussed based on examples.This article is divided into four chapters to explain the position around the criminal law which was discussed, the current environment of rule of law, criminal law should be interpreted more strictly follow the provisions in the form of criminal law provisions on the promotion of forms of interpretation.Criminal Chapter explains the reasons for its analysis of the chaotic conclusion that the criminal law may explain the reasons for confusion rather than consensus legislative language of the undistributed and non-standard, or judicial practice subconscious distortion of the principle of legality, or from the power to interpret the Organs Law. And to explain the confusion in criminal law the status of the rational reflection, that the interpretation of the principle of legality in criminal law and the highest value based principles. Maintain the principle of legality to pursue a rational form, destined to explain the form of criminal law is necessary.The second chapter is about the limits of criminal law theory and the internal mechanism to explain the concrete expansion.First of all, the article explains the criminal law can easily confuse the two basic dimensions, namely, targeting criminal law to explain the limits of interpretation and distinction between theory that explains the former settlement of criminal law, which is not the problem at the right time, while the latter solution is to explain the provisions of the Criminal Code isn't strictly follow the literal meaning of the problem. Secondly, to explain the limits of criminal law a variety of theories and comments is introduced. Again, with case points out the explanation on the form and substance to explain the reasoning in a different order of reasoning lead to different conclusions.The third chapter is about the differences between criminal law and further expand the explanation of position - the principle of legality in the form of interpretation of the reasonableness .To explain their position to further expand the criminal law to the form of the principle of legality and substance of the position to explain their position to explain the principle of legality in the form of side and understand the real side, to determine the form and substance to determine the relationship between rank, "may be the context" to understand and explain whether the defendant must be conducive to the specific theoretical differences in four areas were discussedto explain the demonstrated in the form of rationality.Chapter four to the form of a supplementary explanation of thinking - to fill loopholes in criminal law and its method of use, mainly for the previous chapter, the form and substance to explain their position to explain the position of the theoretical differences are discussed in this chapter is a combination of both in specific cases further concrete manifestation of the differences in practice, which has been demonstrated to fill loopholes in criminal law, namely, how to look at how to fill the holes and loopholes in criminal law and criminal law loophole that really changes the way can only be improved through legislation, loopholes in criminal law can not really explain the criminal law to be filled. In addition, under the criminal law in the form explain the position of the specific criminal law can be explained using a variety of ways, this interpretation of several major methods of criminal law and its application are introduced.Finally, the use of criminal law interpretation should follow the form of a certain interpretation of the applicable rules of criminal law, namely, the use of criminal law interpretation of rules and interpretation of the bit-order rules of criminal law terms.