On Several Issues Concerning Interpretation Of Criminal Law

Interpretation of criminal law is the necessary means for the application of the criminal law. The process of applying criminal law is, so to speak, a process of interpreting criminal law. In this sense, the interpretation of criminal law is the core of the study of criminal law. As a result, the theoretical as well as the judicial circle attaches great importance to the interpretation of criminal law. In recent years, the works about the interpretation of criminal law come out one after another, and become the hot spot for the study of criminal law. Yet, there are still some problems in these works.As regard to the interpretation system of criminal law, the traditional theories about criminal law thinks that the judicial interpretation of criminal law is the interpretation made by the supreme people's court and the supreme people's procuratorate in the process of applying the criminal law when encountering new problems, which thus deprives the judicial officers in charge of the cases (as far as China's criminal judicial system is concerned, the judicial officers mainly include judges and prosecutors) the right to interpret the criminal law. Consequently, in the process of applying the criminal law, the judicial officers have to ask for instructions from the Supreme Court upon encountering new problems. As the judicial practice needs judgment by experience and values, it is impossible to exclude judicial officers from interpretation of criminal law. In order to solve these problems and abide by judicial law, it is necessary to reconstruct the traditional interpretation system of criminal law, and advocate and attach importance to interpretation of criminal law by judicial officers when applying criminal law so as to form a new interpretation system of criminal law with judicial officers as the core. The new interpretation system for criminal law consists of three layers: legislation interpretation, judicial interpretation and application interpretation, which plays different roles in different levels and perfects the application of criminal law by joint efforts.Relationship between interpretation of criminal law and principle of a legally prescribed punishment for a specified crime is a question that gradually becomes hot with the establishment of principle of a legally prescribed punishment for a specified crime in the new criminal law. In order to correctly grasp relationship between the two, it is necessary to study and understand the essence of principle of a legally prescribed punishment for a specified crime from real practice. Principle of a legally prescribed punishment for a specified crime originated from human rights, whose theoretic bases aretheory of separation of powers and balance of powers, and the value of the criminal law is human rights protection and safety of criminal law. With the development of the society, it is converted from the absolute one to relative one. This very conversion offers chance for institutionalization of interpretation of criminal law and expanding existent space for interpretation of criminal law. Nevertheless, since the values highlighted by interpretation of criminal law are equality and justice of criminal law, through which function of social protection can be achieved, relation between the two is unity of opposites. Meanwhile, human rights protection reflected by principle of a legally prescribed punishment for a specified crime has ultimate significance in value balance of criminal law, so interpretation of criminal law is always restricted by principle of a legally prescribed punishment for a specified crime.There are many discussions about different approaches to interpretation of criminal law. There are altogether about 20 approaches to interpretation of criminal law, which might not be exactly right but are enlightening for the correct interpretation and application of criminal law. The most commonly used approaches to interpretation of criminal law include semantic interpretation, interpretation of purpose, expansion and cutback interpretation, and systematic interpretation. Judicial officers shall have a good command of these approaches. When applying these approaches, we shall be aware of the order of importance of these approaches and abide by it. At the same time, the approaches to interpretation of criminal law are restricted by objectives and principles of interpretation. Only by this way, can the interpretation of criminal law realize its value and function.