The Filling Of The Loophole In Criminal Law And The Improvements Of The Judicial Interpretation

It is an undisputed fact that any law has loophole. Laws divorces from societiesslowly since its appearance. Law is made to adjust our lives. It is impossible to solveall problems by the origina l laws because of the changing socia l lives and limitedarticles of the laws. The laws must change with the socia l lives and seek its stabilityto avoid not meeting the needs of the societies.The loophole in our country's crimina l law is mostly filled by judicia linterpreta tions. The crimina l judicia l interpreta tions pla y important role in conformingto the development of societies, and keeping the crimina l law stable. But there arealso ma ny problems with the crimina l judicia l interpreta tions. This thesis ma inlydiscusses how to give full pla y to the crimina l judicia l interpreta tions to fill theloophole in crimina l law and find solutions to the existing problems. According to theprinciple of crimina l law and some examples of the interpreta tions, the authordiscusses problems in theoretica l and practica l areas by using others'studies forreference.This thesis is divided into 4 parts besides the introduction, with about 37,000words.Beginning with introducing the present situation of the system of the crimina linterpreta tions, the author ma inly discusses the mea nings that author writes this thesisand the ma in contents.Part one: This part is divided into two sections to discuss the loophole in crimina l law. The definition of the loophole in the crimina l law is given at the beginning,which is the ma in topic of the thesis. Then the author discusses two characteristics ofthe loophole in the crimina l law. In the second section, the author points out thereasons of the loophole in the crimina l law in details from four aspects: crimina l lawla gging behind; the socia lization of the objection of the crimina l law; the limitation ofthe la nguage of the crimina l law and the legislators.Part two: This part is divided into two sections. In the first section, the authormakes her suggestions on how to fill the loophole which indica tes that the crimina ljudicia l interpreta tions are important to fill the loophole of crimina l law. In the secondsection, the necessity of the interpreta tions of laws is given at the beginning. Thenthe author makes new comment on the necessity of the crimina l judicia l interpreta tionsfrom four aspects.Part three: The author analyses the problems in the crimina l judicia linterpreta tions and put forward a new judicia l interpreta tion system------dua l crimina ljudica ture interpreta tion subject system. The author points out that the priority shouldbe given to the trial interpreta tion. Under this system, the judges are able to pla y thediscretion under the restriction of procedures and systems.Part four: The author analyses the present situation of crimina l jurisprudenceinterpreta tions and real cases by choosing this two systems. The author also analysesthe necessity of these two systems and points out that feasible measures are necessaryto fill the loophole of the crimina l judicia l interpreta tions.Through above discussions, the author describes the loophole in crimina l law andthe system of judicia l interpreta tions and points out that the crimina l judicia linterpreta tions are effective measures to fill the loophole. Base on these observations,this article discusses a series of problems exists in interpreta tions and proposesauthor's own point on construction of crimina l interpreta tions system and hope that itcan make some help on development of the whole interpreta tions system.