Study On Legislative Interpretation Of Criminal Law

Legislative interpretation of Criminal Law is one of the important components of criminal interpretation system, which with judicial interpretation and theoretical interpretation make up for criminal legislation and play the guiding role in the practice of criminal justice. However, the theoretical research of legislative interpretation of Criminal Law is extremely not match to its important position in the practice. Strengthen the theoretical research study of legislative interpretation, found the problems of this system, and propose solutions to these problems, are important to make the criminal interpretation system perfect and guide the practice.Legislative interpretation of Criminal Law is a type of interpretation that interpret the provisions of Criminal Law by NPC Standing Committee ,which performance specific forms. The Interpreter, object and form of the legislative interpretation of Criminal Law have their specificities. The nature of the legislative interpretation of Criminal Law is a type of interpretation of Criminal Law with legislative features. There are either no legislative interpretation in Civil Law and Common Law now, or there are legislative interpretation never.Scholars have different views about its necessity. The political system of our coutry , the principle of legality and the practice all need legislative interpretation of Criminal Law.Legislative interpretation of Criminal Law have to follow these principles , legitimate principle, timely principle and standardized principle. On the interpretate method , Legislative interpretation of Criminal Law have to pay some attention to interpretate order on meaning interpretation,system interpretation,history and purpose interpretation.In order to protect human rights,we extremely have to pay attention to distinctions between expansive interpretation and analogic interpretation. Provise time efficiency clearly is so important.There are some inadequacies of legislative interpretation of Criminal Law, clearing limits between the legislative interpretation of Criminal Law, judicial interpretation and theoretical interpretation,perfecting the control mechanism from strict procedures,prevention and remedial are important to development the legislative interpretation of Criminal Law.