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The Legislation Explained Of Criminal Law

Posted on:2008-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y ZhangFull Text:PDF
GTID:2166360242973499Subject:Law
Abstract/Summary:PDF Full Text Request
Legislative interpretation of the Criminal Law is one of the important components of criminal interpretation system. However, the practice of criminal justice legislation explained by the relative weakness of the legal implications, in its interpretation of the Criminal Code in which occupies an important position should be extremely incompatible. Therefore, strengthening exploration of the interpretation of the Criminal Law legislation in theory, finding a legislative interpretation of the Criminal Law of the existing problems and weak links of legislative interpretation of the Criminal Law to standardize the regulation of specific ways, have became a major issue of the theoretical interpretation of the Criminal Law Practice and Application.This paper discussed the issue of legislative interpretation of the Penal Code, which is divided into six parts. The first part is to explore the concept, character and the nature of positioning of a legislative interpretation of the Criminal Law .It firstly defined the basic concept of a legislative interpretation of the Criminal Code, and then conclude the current criminal law system manifestations of legislative interpretation, and clarify penal legislation Solutions the essential feature of release, which explained that the nature of penal legislation positioning. The second part is to expatiate a legislative interpretation of the Criminal Law and Criminal Law legislation, the Criminal Code and other relevant judicial interpretations of the concept of comparative expounded distinguish related concepts in judicial practice and the link with distinction, and for the NPC Standing Committee promulgated the individual interpretation of the Criminal Law of the Legislative comment. The third part is to enumerate the penal cited academic recognition of legislative interpretation, Negation and compromise on major academic viewpoint, summed up China's objective interpretation of the legislation on criminal law disputes. The fourth party is to expatiate the main penal legislation on the basis of the interpretation and function, through a legislative interpretation of the Criminal Law of the status of that legislation to strengthen and improve the criminal law to explain the importance and necessity. The fifth part is to clarify the interpretation of the Criminal Law Council should uphold and continue "the four basic principles" ie. the statutory limit, purpose and norms, from the main basis of my personal experience .The sixth part is to give some personnel advices and suggestion about the penal legislation rational explanation of some personal views and proposals.Legislative interpretation of the Criminal Law is one of the important components of criminal interpretation system. However, the practice of criminal justice legislation explained by the relative weakness of the legal implications, in its interpretation of the Criminal Code in which occupies an important position should be extremely incompatible. Therefore, strengthening exploration of the interpretation of the Criminal Law legislation in theory, finding a legislative interpretation of the Criminal Law of the existing problems and weak links of legislative interpretation of the Criminal Law to standardize the regulation of specific ways, have became a major issue of the theoretical interpretation of the Criminal Law Practice and Application.This paper discussed the issue of legislative interpretation of the Penal Code , which is divided into six parts. The first part is to explore the concept, character and the nature of positioning of a legislative interpretation of the Criminal Law .It firstly defined the basic concept of a legislative interpretation of the Criminal Code , and then conclude the current criminal law system manifestations of legislative interpretation, and clarify penal legislation Solutions the essential feature of release, which explained that the nature of penal legislation positioning. The second part is to expatiate a legislative interpretation of the Criminal Law and Criminal Law legislation, the Criminal Code and other relevant judicial interpretations of the concept of comparative expounded distinguish related concepts in judicial practice and the link with distinction, and for the NPC Standing Committee promulgated the individual interpretation of the Criminal Law of the Legislative comment. The third part is to enumerate the penal cited academic recognition of legislative interpretation, Negation and compromise on major academic viewpoint, summed up China's objective interpretation of the legislation on criminal law disputes. The fourth party is to expatiate the main penal legislation on the basis of the interpretation and function, through a legislative interpretation of the Criminal Law of the status of that legislation to strengthen and improve the criminal law to explain the importance and necessity. The fifth part is to clarify the interpretation of the Criminal Law Council should uphold and continue "the four basic principles", ie. the statutory limit, purpose and norms, from the main basis of my personal experience .The sixth part is to give some personnel advices and suggestion about the penal legislation rational explanation of some personal views and proposals...
Keywords/Search Tags:Criminal legislative interpretation of, the concept of, the principle of, rational functions
PDF Full Text Request
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