Criminal Judicial Interpretation Of The Judge

At present , more research has been conducted on the explanation of criminal legislative and criminal justice by the criminal law scholars and practitioners in our country. They have not paid sufficient attention to the explanation of the judge, even more the existence of the judge explanation have not been admitted. I believe that the judge explanation have to not only exist but also throughout the criminal justice. I have been trying to earnestly study the existing research and think about this problem in order to deepen the discussion. In addition, through the analysis of the problems in our criminal judicial practice of criminal interpretation, and the comprehensive inspection on the continental law system of criminal judicial explanation viewpoint, compared with each other, the feasible judge explained concept introduction and related system construction will be made, according to our country's criminal judicial practice. In view of the judge's judicial process of the subject in the explanation of criminal law, realizing the judge leading criminal judicial , changing the philosophy and improving the system design, which will give a constructive role in the reference can solve the our country "lawful unreasonable" criminal judgments phenomenon; It also can make conforms to the human nature judicial interpretation into judicial process. Thus draws a criminal verdict which can withstand the test of time and social public deliberate.Criminal judicial process is a process that the judge explained the legal, and the understanding of the criminal law by the judge will play a decisive role in a criminal case's justice and the social approval on the trial results. According to the current understanding of the criminal law, the continental law system, represented by Japan and Germany, has two major schools which are form explanation and essence explanation. Form explanation is asking a judge to make meaning interpretation in strict accordance with the law, in accordance with the basic line with specific cases of crime to criminate and sentence. He need to insist on absolute crimes legal doctrine, but not allow for legal texts which are made beyond the legal literally explanation, in order to prevent the judge from breaking the law and being the law's slave. Essence explanation focuses on how the judge define the specific cases which have violated law benefit and condemn the behavior of criminal richtswitrig. It is precisely because the judge basically insist on criminal judicial form explanation on our country criminal judicial process, leading to"lawful unreasonable"judicial decisions in the public appearance, that challenges the public's simple right and wrong, thereby making the court's authority subject to be challenged. The existing criminal judicial interpretation research have so much such or that shortage, and thereby mislead the criminal justice practices, can not play a very good value of the criminal justice guidelines.Through the considerations of the"lawful unreasonable"lawfully do embarrassing cases existing in the criminal judicature practical, I will make in-depth analysis of what the phenomenon is based on in our reality , and the public's incomprehension, disgusted on the criminal justice, what's more, they even questioned the authority of the court . Meanwhile, through reading the problems of the judge's explanation in the criminal judicial process and analysis of the deeper reason, getting the bottom of it , we can then get the feasibility of the judge explanation routes, and ascend the judge's case-handing level . In this way, we can achieve the unity of the legal effect and social effect of good administration of justice level. This article focused on the interpretation of typical cases in our society, analyzed the social thought and professional thinking by the case. Meanwhile, I will re-evaluate the views that were explained by the criminal law scholars, and come to explain so many problems in the existing criminal law theory, targeted, and then propose the establishment of a system that criminal judicial judge explanation is necessary and feasible. So that, it will play a good legal and social effects .Firstly, in this article, I will analyze the social effects induced by"Xu Ting case"through empirical analysis and sociological analysis method in order to discuss the methods and existing problems of the judge explanation in our criminal judicial process. Secondly, I will study the existing judge explanation in the criminal justice through the value analysis method, the historical analysis method and the comparative method. Combining with our country's criminal judicial practice and our social public universal value consensus, I will try to put forward relevant judge explanation methods, establish the system of judge explanation, so that, we can solve the"lawful unreasonable"awkward reality according to law. This section is mainly to analyze the causes and problems existed in the judge explanation. Then, the purpose of this article will be concluded. That is to establish a system based on the social consensus guidance for the criminal law explanation.