Research On Criminal Law Interpretation

This article explains the concept and the character interpretation of criminal Law firstly. Researching concept of interpretation of Criminal Law from the strict regular principle to the free interpretation principle historical evolution, people may see all kind of views of interpretation take the crime punishment legal principle as the basic value goal in the form fair. And the interpretation of criminal Law can instruct the criminal law judicature, make up the short of the criminal law legislation and improve the legislation and can improve the education and the theory of the criminal law also. The reason why we should explain criminal Law are as follow: the abstract of the criminal law, different understanding of the criminal law language, indeterminacy of the criminal law standard and the complexity of social life .The methods of interpretation are word meaning interpretation, the system interpretation, the historical interpretation, the goal interpretation and so on. The criminal law legislation interpretation is different from the criminal law revising and judicial interpretation fundamentally .Its characters are as follow: the body that can explain is exclusive; the object of interpretation is special; the behavior of the interpretation is of creativity; the interpretation is of authority.In view of the defect of criminal law legislative interpretation, we must strengthen the organization construction, strengthen the technology of legislative interpretation and set up the authority of it. The characters of the criminal law judicial interpretation are of unity, the instruction and openness. Its principles are like these: conforming to the code, conforming to the theory and it is concrete and harmonious and so on. In the article we analyze several questions such as the body and the context of the judicial interpretation and we also analyze the authority and the form of it. Judge is the man who may explain the criminal law during trail. We should set up the system of interpretation that judge is the main body gradually. Raising the status and function of repudiation. The conclusion believed that the interpretation of criminal law must take the crime punishment legal principle as the basic value goal and it should take the legislative interpretation as the leadership and take the highest judicial interpretation as the supplement and then it gradually establishes the interpretation that take judge as the main body in interpretation of Criminal Law...