On Methods Of Criminal Interpretation And The Applying

At present there are many debates about methods of criminal interpretation in our country, and there is uncertainty in choosing and applying of methods in judging practice, for which this thesis researches the standpoint of interpretation, specific methods and rules of applying of all sorts of methods.The main text can be divided into three parts, in which the first one focuses on the premise and foundational theory of methods of criminal interpretation, and begins with the necessity of criminal interpretation resulting from legal language, legal regulations and legal technology, and furthers with the values of criminal interpretation. Then I contend the objectivism of criminal interpretation in the stand of interpretation, and on which behalf the interpretation should limited by the principle of a legally prescribed punishment for a specified crime, modest of criminal law and the criminal policy of "coherence of both effects".The second part articulates the sorts and classification of criminal interpretation, according to the theories I divide the methods of criminal interpretation into two sorts of semantic interpretation and logical interpretation, the latter consisted of four sorts of system, history, teleological and compared interpretations. And then I try to discuss the meanings, scope of applying and limitation of all sorts of methods , and focus on the semantic interpretation and the teleological interpretation.The third part analyzes the rules of applying, and concludes five rules in the field of theories of orders in interpretation, in which I emphasize the standpoint of relying on the objectivism of criminal interpretation to avoid the tendency of mechanism. An last this thesis try to discuss the hotspot case using the rules above to make it clear and to show the applying of the methods of criminal interpretation.