The Interpretation In The Application Of Criminal Law

The interpretation of criminal law not only takes place in the application of criminal law but also combines it closely. The law-officers use their intelligence and according to definite skills and methods which can guide them to understand the criminal law correctly to obtain the proper interpretation while the law is being executed, therefore the technique and the worthiness trend of the judges were illustrated obviously. In China, the interpretation of criminal law cannot run around the appropriate ways but around the political power because of the absence of the regulation of interpretative rights for the law-officers in the clause , thus the interpretation of criminal law was influenced by the inner or exterior factors of the gownsmen more seriously and the justness was suspicious. Meanwhile , the law-officers need not answer for the inaccurate explanation about the law as the Chinese special trial system, so that the interpretation impressed the public with either rigours or absolute free and easy .In this thesis, with a view to the judicial practice, I have objectively analysed the inner and exterior factors which had impacted on the interpretation of criminal law, and indicated how to resolve these problems by the due way.There are three parts in this thesis, these are preface , text and tag. In the preface, I have briefly aimed at the meaning of the topic choice , the current state about the interpretation of criminal law, the elementary content and the investigative means of this topic.There are three parts in the text. First, in my viewpoint, I reckon that interpretation to the law is a right for everyone, and the judges' plays a dominating role in the lawcourt; I clarified the matter that interpretative objects are both law text and law fact; I suggested that we should take action to acquiring the accurate explanation from the occasions, regulations, ideas and methods of the interpretation of criminal law. Then, I pointed out what had affected Chinese interpretation of the criminal law and the existent problems. Last but not least, I gave the detailed steps to innovate upon the interpretation of criminal law in the innovative point of the justice in spite of the disputation in the theory.In the end, I hope Chinese innovation on the justice will go smoothly.