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The Basic Stand Of Criminal Law Interpretation

Posted on:2009-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:H XuFull Text:PDF
GTID:2166360242987570Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The application of criminal regulations can not be departed from interpretation to criminal law. The criminal law interpretation, the stand of which is the fundamental issue and relates to the overall interpretation, poses as the basic problem of criminal law science. The stand always determines how we make a specific interpretation, but not absolutely. The only unchangeable thing is that we will select an interpretation based on the prediction to the result, of which the compromise phenomenon is a clear proof. Insisting on the stand, no matter what happens, is an irresponsible attitude, and practically we don't follow such a way. The stand is an aid to the correct grasp and settlement of the issue, but the complexity of the reality is out of the reach of the stand. Therefore, maybe we shall focus on the problem itself, and a suitable way to solve the problem is the very thing that we pursuit.The article is divided into three chapters, and makes a pragmatic analysis to the basic stand in criminal law interpretation, through which the article aims to setting up a stand that will concentrate on the problem---pragmatic criminal law interpretation.Chapter One is named the stand of criminal law interpretation and the principle of a legally prescribed punishment for a specified crime, and is further divided into four parts, which are the historical review to the principle of a legally prescribed punishment for a specified crime, the pragmatic understanding to the principle of a legally prescribed punishment for a specified crime, the nature of criminal law interpretation---justifiable demonstration and the pragmatic grasp to the relationship between criminal law interpretation and the principle of a legally prescribed punishment for a specified crime. The chapter intends to reveal that the principle of a legally prescribed punishment for a specified crime is not the god, and we shall make a pragmatic balance, no matter to the understanding of the principle of a legally prescribed punishment for a specified crime, or to the grasp of the stand of criminal law interpretation.Chapter Two is named the target location of criminal law interpretation, and is also further divided into four pars, which are the review on the theories of target location of criminal law interpretation, the analysis to the theories of target location of criminal law interpretation, the legislative intent and paper intent and the pragmatic target location. The chapter introduces and analyzes theories of target location of criminal law interpretation, points out the defects of different theories, intends to make use of pragmatism to achieve a compromise among theories, and set up a result-oriented pragmatic target location.Chapter three is named the limit of criminal law interpretation, and is also further divided into four parts, which are the brief introduction to theory of formal interpretation, the brief introduction to theory of material interpretation, the inquiries to the possible word meaning and the possibility of public prediction and the return of analogy. Based on the stand of pragmatism, the chapter mainly analyzes the non-objectivity of"possible word meaning"and falsity of the possibility of public prediction, and based on the definition of analogy by Prof. Kaufman, the chapter insist on the return of analogy.In the part of conclusion, the article points out the incompleteness of our knowledge, especially our knowledge to the law. Therefore, there maybe exist defects in our knowledge to the stand of criminal law interpretation. Successfully solving the problem is the most important, and the article here reaffirms our pragmatic viewpoint to criminal law interpretation.
Keywords/Search Tags:The stand of criminal law interpretation, pragmatic principle of a legally prescribed, punishment for a specified crime, target location, limit
PDF Full Text Request
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