On The Issues Of Criminal Law Interpretation

At present,the main issues of criminal interpretation include not only the National People's Congress Standing Committee,the Supreme People's Court,the Supreme People's Procuratorate,but also include issues which the law does not clearly defined as some of the administrative organs,such as the Ministry of Public Security,the administration of justice Ministry of Health,the Ministry of Finance and so on.The diversification of power will inevitably bring about the confusion of the power.This article analyses all issues of criminal interpretation in order to seek solutions.the auther wants to achieve the fundamental purpose of solving the problem through the balances of power and rebuilding of a system of power and form a harmonious and orderly system of criminal interpretation.This article can be divided into four parts and have about 35000 words.Part 1:The summary of the issue of criminal interpretation.This section introduces the main issues of Criminal interpretation.and makes a brief review of the main Criminal History to explain the formation of the current status of the issues.Founding of new China,because of the new establishment of the socialist system,the socialist legal system is still in the exploration.In order to safeguard the stability and the authority of criminal law and make up for loophole of the legislature,the legislature,judiciary and even the administrative organ begun to make all kinds of criminal interpretation.Because of this,it forms many issues of criminal interpretation including the legislature interpretation,judiciary interpretation and the administrative interpretation.Part 2:The analysis of problems about the issues of criminal interpretation.This section provides the main problems about issues of legislative interpretation and judicial interprettation,pointing out that the current issues of legislative interpretation includes three main problems:first,the legislative interpretation is difficult to distinguish with interpretative legislation;Second,legislative interpretation includes presence of analogy explanation; Third,retroactive effect about legislative interpretation.While in issues of judicial interpretation,the author discusses two major questions:First,problems of offside judicial interpretation.Second,because of the dual system of judicial interpretation,the Supreme People's Court and the Supreme People's Procuratorate is often conflicted with each other. This conflict impacts normal administration of justice. Part 3:Study about issues of Judges.This goals of this part is proveing the necessity of judge interpretation.First,the jurisdiction independence summons judge'interpretation.Our country's jurisdiction independence refers to the court to be independent merely,but the jurisdiction independence requests judge's independence.Second,judge's professional instinct summons judge' interpretation.Judge has the specialized legal knowledge and is good at the application of law.Furthermore,the application of law summons judge' interpretation.The interpretation of law and facts is the basic of the application of law,.The interpretation of law is the essential link of the application of law,so judge enjoys certainly power of interpretation.Part 4:Study about the oughtness of issue of criminal interpretation.The author tries to redistribute the system of interpretation power from power.This power system should be set up at the three major principles:the principle of Statutory crime,the principle of judicial independence and the principle of power balances.According to these three basic principles,the auther puts forward own ideas:abolish the National People's Congress Standing Committee's legislative power,and conform its power of the supervision of interpretation,so that the power of interpretation can be under effective supervision;maintain the interpretationpower of the Supreme People's Court and the Supreme People's Procuratorate,but the effect on the interpretation of the Supreme People's Court is higher than the Supreme People's Procuratorate;give judges the power to interpret the criminal law, but the judge have to interpret the law in limits of the Supreme People's Court.Such a distribution of power forms a new interpretation system.This system resolves conflict of the interpretation power,protects independence of the judiciary improves judicial effficiency,and this is the ideal model of the system.