The Interpretation Of The Criminal Code Restrictions

Explanation is that the Criminal Code applicable in criminal law refers to the process, the judge faced with a complex case through the criminal legal norms, value judgments to be the case in the real function in order to achieve justice in specific cases the process and the resulting conclusions. Discussed in this paper to explain the criminal law to restrict judges to the criminal laws and regulations applied to specific cases, the behavior and the resulting behavior of the conclusions drawn by the rational choice of the subjective and objective factors. The judger through the use of their professional knowledge and experience, and logical reasoning excerpt legal fact, and then through the criminal law norms and value judgments choose.Laws apply to interpretation as a system works and deal with specific cases, the judge in accordance with statutory procedures with facts of the case for criminal law considerations, so in the judicial interpretation of the criminal law are faced with the abstract concepts of justice in specific tasks. Criminal need to explain is the principle of legality in the use of the requirements in the case of the criminal legal norms to specific cases of the abstract nature of the complexity of the harmonic scale, but also the pursuit of a criminal human civilization and the development of self-effective way. With the development of civilization and cultural progress, the judge adopted the materials from a growing number of books, experienced a more vast and complex social experience, reserve a wealth of knowledge and energy,The interpretation of the case in the mainstream values and under the action of free evaluation of evidence must be able to meet the statutory conditions, so the system can be achieved under the regulatory system," have card up one's sleeve" level.For the interpretation of the Criminal Code restrictions, this paper first explains the definition of the Criminal Code to proceed from the analysis of the criminal law will inevitably be subjective and objective interpretation of factors. The second part of this article deals mainly with the need for clarification on the limitation of the criminal law, and judges the individual in a specific historical background in the formation of "pre-see" and the expectations of social development "see" the interpretation of the criminal law has a limited role. History and culture, benefits-driven, as well as the Penal Code language is characterized by the formation of a judge, "the former see" important factor; the function and purpose of criminal law is the judge thinking "see" the rule of law factor.Criminal Code requires not only individual judges to explain the law and the pursuit of justice and hope, but also to protect the system. Judges may lead to differences in individual interpretation of the conclusions on the back but the loss of legitimacy, which requires the practice of using in the interpretation of the legal system and to constrain. At present, China's criminal law applicable regulatory pathway in the judicial reform process to pay attention to people's jury system, collegiate system, as well as the reform of judicial documents. The first two systems is mainly to play a principle of democratic centralism in the judicial practice in the use of the latter is a criminal legal knowledge and legal civilization, an effective means of intellectual improvement.However, these regulatory pathway in reality there are many problems, its function into full play is not perfect. Therefore, the need to establish a litigation by both sides to participate fully in the backbone, to a new collegiate-oriented mechanism to give full play to the advantages of the system to guarantee the realization of justice cases.In this paper, the use of empirical evidence, analysis and comparison of methods to explain the process and methods of criminal law to conduct a rational argument, with a view to China's criminal justice practice and theory to clarify the complicated situation.