The Research On Amplified Interpretation Of Criminal Law

Amplified interpretation is a difficult problem in criminal law. How to grasp its degree? What's the difference between the Amplified Interpretation and the Analogizes Interpretation? Consideration of these issues, this article is based on the basic theory of Amplified Interpretation and the Analogizes Interpretation。I Concluded there are substantial differences between them, and carry out boundaries of Amplified Interpretation form the theoretical and technical means.The article is divided into three parts, the first part highlights the essential difference between Amplified Interpretation and Analogizes Interpretation. The concept of Amplified Interpretation is that when the law's meaning of the text is too narrow to meet the realistic needs of society, we should base on the principle of a legally prescribed punishment for a specified crime to expand the significance of law form legislative intent. Analogizes Interpretation is that there is no corresponding provisions of the Criminal Code about the Behavior, also deal with it in line with the most similar provisions. Analogizes Interpretation has been completely over the meaning of the law context, but Amplified Interpretation is defined within the Criminal Law Text。The field of criminal law can not be applied by Analogizes Interpretation。The second part is about the boundaries of the Amplified Interpretation form the theory. There are a variety of standard in Criminal law theory. For me, Amplified Interpretation must be based on criminal law, and be in line with the spirit of the criminal law. We should have the ability to grasp the essential nature of criminal law norms.The third part is about the boundaries of the Amplified Interpretation form the technical path. First of all Arts interpretation should take precedence over Logical explanation. Secondly, Amplified Interpretation should still be based on "the meaning of words may be" as a starting point. Finally, the boundaries of Amplified Interpretation should be controlled in the value respectively, feasibility, and procedures.This contribution is engaged the fundamental theory, and reveal the fundamental difference between Amplified Interpretation and the Analogizes Interpretation. In order to define the boundaries of Amplified Interpretation, not only had a theoretical reflection, but also on the technical path to explore. This deficiency is that fewer foreign literature collection, and the meaning of the text word for the Study of the Criminal Code is not enough in-depth. We will continue to study and reflect on it.