On The Objective Interpretation Theory Of Criminal Law

As some scholars pointed out that special punishment law refers to the interpretation of criminal law, criminal law is the main task is to repeatedly to explain the criminal law provisions, eyes constantly hover between law and fact. Law has the generality and abstraction, so when applicable criminal law, inevitably must carry on the explanation. In addition, the law always has lag, after criminal law making, always there will be some new situation, in order to be able to timely deal with the new situation, the need for appropriate interpretation of criminal law. As a result, the criminal law explanation is a bridge connection between facts and norms of criminal law, criminal law is to really implement the important way.Because of the criminal law explanation is so important that theory of criminal law interpretation have been respected. Interpretation of the criminal law also exist many disputes between related theory.In history, the theory of subjective interpretation has a great influenoe in a certain time, but with the development of the criminal law theory, nowadays most people support the objective interpretation theory in theory, but there are still some scholars especially most judicial practitioners still insist on the theory of subjective interpretation. But even in the case of the majority of people support the objective interpretation theory, some problems also lack in-depth discussion. The objective interpretation theory of interpretation method such as, the rationality of the theory of objective interpretation, interpretation of border inspection standards, not to discuss these questions clearly, for the objective interpretation theory will produce great influence the actual effect. even will deviate from the purpose of the theory of objective interpretation.This paper not only explains the basic position of criminal law research, on the basis of analyzing and comparing various theoretical advantages and disadvantages of support of the theory of objective interpretation conclusion. and puts forward some opinions for the objective interpretation theory of theory deepening, for how to further perfect the theory of objective interpretation theory, improve the maneuverability of the objective interpretation theory, achieve the ultimate goal of the objective interpretation theory put forward some opinions, and for how to explain the criminal law under the premise of a legally prescribed punishment, reducing the gap between norms of criminal law and reality, the legitimacy and the rationality of the realization of criminal judgment to make some Suggestions...