The Hermeneutics Of Criminal Law In Specific Case

The origin of this thesis : the argumentation between students major in criminal law leads me pay attention to the target of hermeneutics of law , the application of method of hermeneutics of criminal law and the destiny of individual who are trapped in every specific case. The latter's destiny, with no doubt, is closely relate to the way which every judge interpret the law. When studying in this field, I was surprised to find in the field of criminal law academy , there are different view on this issue. When I talking to some judges and prosecutors , many of them know little about the power of judge to interpret the criminal law , some even deny the power which judge endowed to interpret criminal law. Those are reasons push me to go further study on this issue.The thesis is divided into six chapters:The first chapter deals with the history of hermeneutics and hermeneutics of law in order to give a vague idea of hermeneutics. Hermeneutics of law is closely relate to hermeneutics , as a part of hermeneutics that can't be separate from hermeneutics.In the second chapter , the author focus on the concept and classification of hermeneutics of law and the hermeneutics of criminal law. The essay points out that interpretation of criminal law in concrete cases is ignored whether in academic study and judicial practices. The interpretation of criminal law in every cases should be studied in official interpretation.The third chapter .the author elaborate on issues like concept of interpretation of criminal law in specific criminal case, which will construct the platform for discussion , the role and necessity of interpretation of criminal law in judicial practice , etc.The fourth chapter is about the relationship between the interpretation of criminal law in concrete case and the principle of the legality of crimes and punishment . the latter forms a borderline that interpretation can't across by ,yet interpretation is a way to put the principle of the legality of crimes and punishment into reality.The fifth chapter study on how to chose the target of hermeneutics when interpreting the law in concrete case, and how to apply the method of interpretation of law . the author advocate for the objective theory and elaborate on method of teleological interpretation.In the end , the author explore into how to guarantee the interpretation is justifiable ,and the judicial power in not to be abused .