The Meaning Generation In The Application Of Criminal Law

The meaning generation in the application of criminal law covers the comprehensive process of legislation, the judiciary and execution of criminal punishment. The thesis is to discuss the meaning generation in terms of the interaction between the criminal norms and the criminal facts in the course of legislation, judiciary and execution of the criminal law. The research on the meaning generation mainly focuses on the meaning of criminal concepts, criminal principles and criminal norms in legal texts. Nevertheless, the cognition of the legal texts is not enough in the application of criminal law, so we need to generate not only the meaning of criminal norms, but also the meaning of criminal facts. The key to the meaning generation lies in the selection and matching of meaning between the criminal norms and the criminal facts.The present thesis analyses the process of the meaning generation in the application of criminal law by means of several linguistic concepts and knowledge of criminal jurisprudence. The writer explains why the judges are entitled to certain judicial discretion and why the misuse or abuse of the criminal law can be refrained to some extent.The thesis lays on the following six chapters to analyse the meaning generation in the application of criminal law. The first chapter introduces the background and provides an overview of the thesis. Chapter two illustrates the linguistic rationale relevant to the meaning generation of criminal law such as the meaning theory, open texture and communicative action. Chapter three contributes to the necessity of study on the meaning generation. The writer analyses the necessity through analysing the reason of indeterminate meaning. Chapter four is shifted to the knowledge of criminal jurisprudence relevant to the meaning generation such as the classification of interpretation in contemporary China, the approaches to generate the meaning of criminal norms and criminal facts. In chapter five the writer discusses how to generate the meaning of criminal law in the course of legislation, judiciary and execution of criminal punishment from macro aspect, and how to generate the meaning of criminal norms and facts as well as how to integrate them in the specific cases from micro perspective. The last chapter comes to the conclusions about the meaning generation and points out the reason why the judges are entitled to certain judicial discretion and why the misuse or abuse of criminal law can be curbed effectively.