Ideal Of Interpretation Of Criminal Law Under The View Of Principle Of Legality

Interpretation of Criminal Law occurred in the application of the law, which is inseparable with the application of law. Proper interpretation of the Penal Code must apply in technical and methodological interpretation, reflecting the selection value and balance. The legality principle which is as the most important basic principles of criminal law, applies throughout the entire process, of course, which guides the interpretation of the Penal Code. However, formal understanding of principle of legality in our country has been restricting the theory and practice of criminal law, which makes the interpretation in theory with the impression of strict rules.in practice, judge give up the power to interpret law in applying the law.This paper explores the values of legal principles from substancal and formal aspects, and seeks the integration of substancal and formal values of legal principles in the process of applying criminal law by interpreting the statutory principles. legal principles are taken as value dimensions that explain the direction of the Penal Code, but also draw a line to explain the Penal Code. Further through value analysis, it to establish a strict interpretation of the position of objectivism Penal Code, which emphasizes the protection of functional benefits and also discusses explaining the principles and bound of criminal law. in the interpretation of the results of implementation of criminal law , it realizes the functions of criminal law , that is to say, protecting human rights.This article is divided into four chapters. The first chapter, the overview of criminal law interpretation: it is emphasized that the substance of the Criminal Code should be explained on the purpose of interpretation; explanation of the main non-specific, and refuse the authority of the judiciary; the explanation target is the the facts for criminal law norms and the law corresponding to and it is considered that the two is a kind of interactive relationship. Chapter II, the relationship between legal principles and criminal law interpretation: it is recognized that there exists contradiction in practice for the function of protecting human rights and Legal Interest. through the implementation of integration of form value and essential value of legal principle, it is considerated that legal principle not only direct the direction of criminal interpationat from the value dimensions, but also draw a line to explain the Penal Code. Chapter III, interpretation view in the domain of legal principle: After introducing several current major interpretation standpoint, the focus of analysis is about contradictions and conflicts of objectivism and subjectivism existence positions, then analysize advantages and disadvantages and theoretical development of the pros and cons of the trend, it is believed that it lacks operational possibilities for subjective theory, emphasizing the need to adhere to the position of objectivism, while abosre the reasonable value of integration of the subjective dimension, that is to say: "strict" interpretation to protect the safety of the Penal Code. Chapter IV , interpretation principles and limits of Penal Code: The purpose of this chapter define the delineation of the scope of criminal law interpretation at the operational level. The author discusses the principle of legality and rationality and their the contradictions and connection , integrated with the principle of according purpose . about the limits of criminal law interpretation, it is proposed that limits of ontology and limits of the rules of theory are applied to verify the justice of criminal interpretation from the aspect of value and rules.