Research On The Judicial Interpretation Of Criminal Law

This article has discussed the judicial interpretation of the criminal law systematically. In this article, the author discusses the concept, the characteristic, the principle, the method and the relations between the judicial interpretation and the legislation explanation and so on .This article consists six parts:The first part concerns the foundation of the judicial interpretation in the criminal law from the following three aspects : the subjectivism doctrine,the objectivism doctrine and the compromised doctrine .The second part tries to refine the concept,the characteristic of the judicial interpretation in the criminal law and come to the conclusion: Only the Supreme People's Court and the Supreme People's Procurator have the power to interpret the criminal law judicially.In the third part ,the author discusses the judicial interpretation should persist the following principles: (1) valid principle; (2) rational principle; (3) being clear principle; (4) the standard principle.The fourth part concerns the following methods of the judicial interpretation of the criminal law : (1) article explanation;(2) expands the explanation; (3) certainly explanation; (4)system explanation; (5) goal explanation.The fifth part concerns the relation between the judicial interpretation and legislation explanation of the criminal law, and the relation between the judicial interpretation of the criminal law and the principle of statutory crime and penalty. The principle of statutory crime and penalty and the judicial interpretation of the criminal law are complements of one another. Their mission is to realize the individual freedom and the social order,the human rights safeguard , and the society balance.In the sixth part, the author tries to discuss the lack of the judicial interpretation in the criminal law. The author thinks something must be done: (1) to strengthen the legislation and the legislation explanation promptly ; (2) to revise the judicial interpretation of the criminal and to carry on the supplement; (3) to prevent exceed authority and carry on the explanation according to the legal rule content; (4) to unify the form of the judicial interpretation of the criminal law; (5) to strengthen to the surveillance dynamics the judicial interpretation of the criminal law; (6) to make the public know the judicial interpretation of the criminal law.