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Criminal Justice To Explain A Number Of Issues To Study

Posted on:2006-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z F WangFull Text:PDF
GTID:2206360155469465Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This article makes probe into the issue of criminal law judicial interpretation from the angle of positivism .It can be divided into four parts.Part one ,the actuality of the criminal law judicial interpretation. This part makes investigation to current criminal law judicial interpretation , analyzes the unreasonable phenomenon and the reason of it. The unreasonable phenomenon means:(l)interpretation of exceeding authority; (2) conflicts between some interpretations; (3) illegitimacy of formal.All the reason lies in :(l)the system of interpretation is blurry, (2)the mechanism of supervise is lack; (3)the idea of legal determination is very serious .Part two ,the system of judicial interpretation of criminal law .This part makes a thorough analyse of the current system of judicial interpretation of criminal law.It is dualistic and first-class ,which means only Supreme People's Count and Supreme People's Procuratorate can make interpretation .The author thinks Supreme People's Procuratorate should not make such interpretation from the angle of judicial independence.Only the court can make interpretation ,not only Supreme People's Count,but also all levels court of the people.The judger is the certainly body of interpretation from the matter-of-course angle . And then the writer proposes some suggestions on the reform of present criminal law judicial interpretation system.Part three , standard of criminal law judicial interpretation .The question of standard is basis to evaluate whether a judicial interpretation is right.First ,the viewpoint of interpretation about criminal law . The criminal classical school advocates explaining the doctrine strictly. Its experience develops from forbidding the judiciary interpretation to the strict restriction.The criminal positive school maintains free explanation , encourages the judge to explain criminal law. Different explanation views have caused different explanation standards. They are "Subjective Interpretation" , "Objective Interpretation"and "Synthetic Interpretation".Through detailed analyzing all the standards ,the writer thinks there should be different criminal law culture to suit different social stages.Today ,we are building a nation runed by law ,in order to safeguard the stability of the law and ensure human rights,we should insist on the standard of "Subjective Interpretation".After we realized our nation run by law ,we should insist on the standard of'Objective Interpretation", in order to realize the fair justice in fact.Part four ,the retroactivity of criminal law judicial interpretation .In this part the writer analyzes three kinds of conflict between judicial interpretations and thinks we should strictly insist on the principle of application of the old law with the exception of a less punishment in the new law .It not only helps to safeguard ruling by law but also helps to protect the legitimate rights and interests of the criminal .
Keywords/Search Tags:criminal law judicial interpretation, the system of criminal law judicial interpretation, standard of criminal law judicial interpretation, retroactivity
PDF Full Text Request
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