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On The Explanation And Application Of Criminal Law System

Posted on:2016-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:K Y WuFull Text:PDF
GTID:2206330470481259Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The system of criminal law interpretation is in an important position in the interpretation of criminal law. System interpretation contributes to avoid taking out of context and understanding the terms in the idea of isolation. In order to understand, explain and apply the criminal law provisions, System of criminal law interpretation require that the criminal law provisions must be placed in the criminal law system or the legal system for analysis and understanding, and construct the suitable path of the system of criminal law interpretation.This paper consists of six parts, the main contents are as follows:The first part is the introduction of the concept and explains the research purpose and significance of the system of criminal law interpretation. Combined with research status of the system of criminal law interpretation at home and abroad research situation. In order to how to understand and apply of the system of criminal law interpretation and make it make it better for the judicial practice of criminal law.The second part explains the basic connotation of the system of criminal law interpretation.This part mainly clarifies the meaning and range and significance and the connection between the system of criminal law interpretation and other criminal law interpretation. If we grasp the differences and similarities, then it will be helpful to explain the application of the criminal law system and for purpose of better understanding the system of criminal law interpretation.The third part is the interpretation of the application of the system of criminal law interpretation. On the one hand, we elaborate the applicable rules of the system of criminal law interpretation which are co-referential expressions rules, the entry rules, the same rules and exclusivity rules, on the other hand, return to the practice of specific cases, we analyze these three cases in the criminal justice system which are reflected in the specific applicable rules, associated with other aspects of the criminal justice system for elaborating the system of criminal law interpretation.The fourth part is to discover the theory about applicable functions of the system of criminal law interpretation. In this part, we do it by the concept of justice as a guide; by the rationality as the premise; by the legality as criterion, pay attention to the language of the criminal law of relativity, to explore the specific applicable function of the system of criminal law interpretation.The fifth part is making the practical function of the system of criminal law interpretation more perfect. This part mainly explores further the applicable function of it, explains the limitations of itself, the criminal policy of intervention, guidance applicable jurisprudence and other methods of interpretation so as to consummate the functions of the system of criminal law interpretation.
Keywords/Search Tags:the system of criminal law interpretation, systematical interpretation method, application of system interpretation
PDF Full Text Request
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