Research On Legislative Interpretation Of Criminal Law

Legislative interpretation of the Criminal Law is one of the important components of criminal interpretation system and it means interpreting the provisions of Criminal Law by NPC Standing Committee, which performances specific forms. The nature of the legislative interpretation of the Criminal Law is a type of inerpretation of the Criminal Law and it has not legislative features at all, whose general form is the interpretation of the Criminal Law of the People's Republic of China made by NPC Standing Committee.At present, the academic viewpoints about necessity of the legislative interpretation of the Criminal Law mainly have confirm theory, Negation and compromise. This article advocates that the legislative interpretation of the Criminal Law is necessary because of its validity and rationality. The subject of legislative interpretation of the Criminal Law should be NPC Standing Committee and the object of it is the articles of the Criminal Law. Legislative interpretation of the Criminal Law should follow these principles, timeliness principle, collection principle and normative principle. Legislative interpretation of the Criminal Law has the same legal effect with the Criminal Law. The date of effectiveness of the Legislative interpretation of the Criminal Law is equal to the article of the Criminal Law and the date of being void of the Legislative interpretation of the Criminal Law should be ruled by the law clearly. Legislative interpretation of the Criminal Law has retroactivity but shoule be attacthed to interpreted articles of the Criminal LawThere are several faulties in the system of Legislative interpretation of the Criminal Law, such as the subject who should be entitled to ask for interpreting the Criminal Law, process of laying down the legislative interpretation, monitoring program and so on. In addition, the limits between legislative interpretation, judicial interpretation and theoretical interpretation are not very clear. So, in order to perfect the system of Legislative interpretation of the Criminal Law, it is very necessary to expand the subject, regulate the process of laying down the legislative interpretation and the monitoring program. In addition, clearing the limits between legislative interpretation, judicial interpretation and theoretical interpretation of the Criminal Law is also important.