The Research On Amplified Interpretation Of Criminal Law

The definition of the Amplified Interpretation is almost the same in the Criminal Law academic world, however, when we refer to the connotation of it , we should pay attention to that the words used for explanation of the legal articles undertheAmplified Interpretation surpass its literal meaning, namely explained meaning is more widespread than its usual meaning; The purpose of Amplified Interpretation is to express the true meaning of The Criminal Law, and have an amplified explanation of the legal article, when the literal interpretation of the criminal law articles is neither sufficient to represent the Criminal Law's real meaning, nor adapting to the society's reality needs. The Amplified Interpretation is a method rather than a consequence of the Criminal Law explanation. According to different standards, the Amplified Interpretation is divided into several types. In Chinese and foreign criminal academic world, disputes about whether allow to carry on the Amplified explanation existing by two contrary standpoints : positive or negative. The author approves the positive opinion, and think that the Amplified Interpretation should be permitted for the following reasons: Firstly, the Amplified Interpretation doesn't violate(offense penal code settle)。Secondly, it is the requirement that using the Amplified Interpretation to redeem the defects of the legal language. Thirdly, it is good for the criminal law function realization. Finally, it is advantageous to keep the criminal law stability. There are three general principles of the criminal law: rationality; validity; conforming to the purpose. The amplified interpretation also should obey the above principles, though it need put emphasis on following principles: the autonomy principle, the forecast possible principle, the validity principle and the rationality principle as it has its own particularity. About the limit of the Amplified Interpretation, the theory adopted the widest meaning which possibly had by the criminal law article would be most reasonable. Besides, it is should pay attention to the differences between the Amplified Interpretation and the analogizes Interpretation in thinking model and understanding method.