On The Principle Of Statutory Crime And Penalty And The Judicial Interpretation Of Criminal Law

There is a long history about the principle of statutory crime and penalty and the judicial interpretation of the criminal law. It should be said that there are different opinions of the interpretation of the criminal law are consistent with various conceptions of the principle of statutory crime and penalty. It is also said that properly recognizing the relationship between the principle of statutory crime and penalty and the judicial interpretation of the criminal law that is a premise of properly interpreting the criminal law. At present, we are approaching into the Golden time of the principle of statutory crime and penalty, we are intended to define scientifically the objective and limitation of judicial interpretation only if be guided by the principle of statutory crime and penalty so as to improve the existing judicial interpretation.Part one: comments on the relationship between the principle of statutory crime and penalty and the judicial interpretation of the criminal law. On the one hand, the principle of statutory crime and penalty has a guidance and restriction on the judicial interpretation of criminal law and the general criterion of the judicial interpretation of the criminal law is the principle of statutory crime and penalty; on the other hand, the judicial interpretation of the criminal law is not completely dependent on the principle of statutory crime and penalty and modifies that principle in its values.Part two: discusses on the basic idea of the judicial interpretation of the criminal law. The basic idea of the judicial interpretation of the criminal law is concerned with the theory of objective and limitation. The judicial interpretation should adopt the theory of "objective", namely, the purpose of interpretation of the criminal law is not of the tactual meaning of the legislators but of the objective meaning in the process of interpreting the provisions of the criminal law. As for the limitation of judicial interpretation of the criminal law, it should allow proper enlargement of interpreting and prohibiting the presumption of interpretation notbeneficial to the defendantPart three: researches into the contradictory ofthe judicial interpretation of the criminal law and the principle of statutory crime and penalty and its resolution. When the new criminal law of China promulgated, the judicial interpretation regulated by the supreme judiciary is contrary to the principle of statutory crime and penalty in such aspects as form, content and value and so on, for the reason that the idea of the principle of statutory crime and penalty is not accepted generally. Given these flaws and lacking, it should improve it based on the status quo of our country under the basic requirement of the principle of statutory crime and penalty as well as resorting to the experience on the interpretation of the criminal law from foreign countries.