On The Public Identity Of Judge 's Interpretation In The Application Of Criminal Law

Judge interpretation is an important part of the law’S application, and its essence is a legal interpretation, and unlike judicial interpretation.The public of the recognition of criminal law’s interpretation is the community people who knows the Criminal Rules or the knowledge of criminal law or criminal judgments and in some way to indicate whether they recognize them.Public recognition refers to the public by its own practice experience or rational analysis formate a recognition and acception.Public recognition of the interpretation of criminal law is that the public can recognize and accept the interpretation. The judge in the course of criminal cases against the specific circumstances of the case, and a combination of factors make the interpretation.Public recognition of the interpretation of criminal law is based on the humanistic theory and the sovereignty of the people.Humanistic philosophy with the interpretation of criminal law has a high degree.Public recognition is the character of the interpretation of criminal law under the humanistic philosophy and under the guideence of the humanistic philosophy,the interpretation of criminal lead to the public recognition.Sovereignty of the people is the basis for the legality and legitimacy of the interpretation power of criminal law. Under the Sovereignty theory, the nature of public recognition of the interpretation of criminal law is the recognition of the power’s "alienation agreement".That is the recognition of "While the agreement" "fair agreement" and "beneficial agreement".Public recognition of the interpretation of criminal law have a imporment significance.It is in favor of the implementation of the the principle of legality and the smooth implementation of the Criminal Law and it is in favor of the enhancement of the authority of the criminal law and the realization of a harmonious society.Public recognition of the interpretation of the criminal law faces some dilemma.First, the interpretation of the criminal law has a specialization tendency. The public can not formate a recognition facing the special conviction and sentencing.Second, the public will have the irrational, incalculable and the lack of standardized drawbacks,leading to the judge have no way when they explain the criminal law.This theory have an impact in many areas.Such as the identify of causality,the identify of "Criminal Law" Article 13,the identify of understanding factors in the calculated crime,the identify of the duty of care in the unintentional crime,the identify of the duty of action in the inaction crime and the identify of the serious cases or the particularly serious cases in the penalty.The achievement of the recognition of the interpretation of the criminal law have three steps.The first is to achieve the common sense interpretation of the Criminal law.Realization of common sense interpretation of the criminal law is to establish a common sense oriented concept,and achieve a common sense conviction and sentencing.The second is the innovation of explaintion technological.We must use the purpose_interpretation method and establish objective interpretation goals,in this way the interpretation results can gain public recognition. The third to sound expression mechanism of the popular will.