Research On Forefront Issues In Judicial Interpretation Of Criminal Law

Judicial interpretation of criminal law, as entitled judicial organization illustrates generally for the concrete application of criminal law in criminal adjudication, has statutory, restrictive, universal and abstract characteristics. As linkage between criminal norms and judicial practices, judicial interpretation of criminal law plays important role in judicial activities of criminal law. Judicial interpretation of criminal law should stick to modern judicial ideas to achieve the goal of judicial justice in modern law-governing country, adhering to the principle of a legally prescribed punishment for a specified crime and the methods of literal interpretation and logical interpretation. This article provides a in-depth analysis of many controversial issues in contemporary judicial interpretation of criminal law from a theoretical perspective of judicial interpretation of criminal law.The first part begins with the concepts of judicial interpretation of criminal law, and further emphasized the necessity of strengthening research on judicial interpretation of criminal law by listing different arguments from theoretical field on this issue.The second part starts with the subjects of judicial interpretation of criminal law, analyzing China's judicial interpretation of criminal law and the causes to the statues quo, proposing abolition of the Supreme People's Procuratorate's judicial interpretation of criminal law, and establishing proper interpretative mechanism of China's judicial interpretation of criminal law by allowing judge's involvement in judicial interpretation of criminal law.The third part illustrates principles of judicial interpretation of criminal law. In order to establish a harmonious integrative mechanism of judicial interpretation of criminal law, our country's judicial interpretation of criminal law should stick to the tenet of a legally prescribed punishment for a specified crime, and consistently obey modern judicial ideas of criminal law.Part IV put forward the basic point of judicial interpretation of criminal law, namely, criminal norms and facts of criminal law.Part V discusses general rules of modal logic and special rules of dialectical logic in judicial interpretation of criminal law, and illustrates proper interpretative methods such as literal interpretation and logical interpretation to ensure the propriety of judicial interpretation of criminal law.Part VI gives brief description and assessment of extinctive prescription and retrospective effect of judicial interpretation of criminal law.In Part VII two proposals are offered based on the statues quo of china's judicial interpretation of criminal law, namely, 1. empower judge's interpretation of specific case; 2. interpret duly.