Crime And The Principle Of Statutory And Judicial Interpretation Of Criminal Law Research

The principle of crimes and punishments stipulated by law as the most fundamental principle of the criminal law in modern countries is carried out and respected by the countries all over the world and even international community. The content of the principle of crimes and punishments stipulated by law includes: it is not criminal if the law has not expressed regulations; it is not punished if the law has not expressed regulations, namely innocent outside the law, or there is no punishment outside the law. Our country stipulates the principle of crimes and punishments stipulated by law as the primary basic principle of the criminal law of our countryclearly in Criminal Law of 1997. Not merely do the establishment andrealizing of the principle of crimes and punishments stipulated by law put forward to the demand to legislation, but its more important meaning lies in limiting judicial power with legislative power, preventing the administration of justice from being arbitrary. The value of this principle can be realized in practice. Whether it can be realized in the judicial activity has received the challenges of free judging right, especially the judicial interpretation of the criminal law. the criminal law judicial interpretation, which acts as a link between the criminal law norm and detailed case judgment, can promote the principle of crimes and punishments stipulated by law. If it deviates from the demand for the principle of crimes and punishments stipulated by law, it will cause great damage to the principle of crimes and punishments stipulated by law. Only under the principle of crimes and punishments stipulated by law can the judicial interpretation make sure to prevent the judicial power frominfringing the legislative power randomly, offering a kind of effective legal guarantee for the citizen's freedom and right.The author of this essay has been engaged in criminal trial at the basic level. She is concerned about the study of correlated subjects both at home and abroad. By analyzing the current situation of legislation and justice in our country she has found that the principle of crimes and punishments stipulated by law fails to be carried out in an all-round way and criminal law judicial interpretation doesn't meet the demand of criminal justice, so she has chosen this subject to explore. This text includes four parts, the origin, evolution and theoretical foundation of the principle of crimes and punishments stipulated by law and the development of modern law; relevant theoretical questions of criminal law judicial interpretation; the harmonious phenomenon against the principle of crimes and punishments stipulated by law and reasons that exist in the judicial interpretation of criminal law of our country; some suggestions on judicial interpretation of criminal law of our country. It aims to offer some references to make criminal law judicial interpretation system of our country reasonable and perfect with these questions discussed. Thus the principle of crimes and punishments stipulated by law can be realized in the administration of justice.The first part of the essay begins with the fundamental theoretical questions of the principle of crimes and punishments stipulated by law, has carried out research on the thought origin and evolution of the principle of crimes and punishments stipulated by law and explained the theoretical base for the principle of crimes and punishments stipulated by law to depend on. Besides it has done some discussions on the course from theabsolute development towards the relative development of the principle of crimes and punishments stipulated by law in the modern society, in order to prove the challenge the principle of crimes and punishments stipulated by law that originated from movement period of the capitalist class as the basic principle of criminal law has met with in the current society when society, economy, culture and valuation are in the rapid era for change. But the principle of crimes and punishments stipulated by law becomes the progressive principle that cou...