Interpretation Of Criminal Law Theory

The issue of interpretation of criminal law discussed in the paper is an old topic, a difficult problem as well as, and is closely linked to legal practice. The paper fully discusses basic theory for interpretation of criminal law.The paper includes three parts. Part one is comment and analysis of concept of interpretation of criminal law. For concept of interpretation of criminal law, there are many theories such as theory of subjective interpretation, theory of objective interpretation, teleological interpretation, splitting the difference interpretation, spirit of times interpretation and effectiveness principle interpretation and etc. The paper analyzes various concepts of interpretation of criminal law and considers the method of interpretation of criminal law as a variable with different requirements under different law and human situations. Disjoint of legislation space-time and justice space-time determines the development, changes and reforming of the concept of interpretation of criminal law according to circumstances. The legislation of one country is stable and shouldn't be amended in short time. So for the concept of interpretation of criminal law, the writer thinks it better to adopt the interpretation theory of legislation implication according to the situation of our country. Original intention of legislation mostly refers to original meaning of the clauses. Legislation implication refers to the soul and spirit of law implicated inside and outside the law clauses. Last, the paper analyzes the value of interpretation of criminal law to the criminal law of our country; and puts forward valuable effectiveness of interpretation of criminal law on unification of activities of criminal justice in our country, versatile application of criminal law in special criminal law field, richness and development of theory system of criminal law, improvement and perfection of criminal legislation day by day and understanding and mastery of the mass public.Part two is fundamental principles followed by the interpretation of criminal law in our country. The writer thinks that there are three fundamental principles in our interpretation of criminal law: legitimacy principle, rationality principle, principle being equal to the intention;legitimacy principle is the formal rule of the interpretation of criminal law; rationality principle is the substantial rule of the interpretation of criminal law; principle being equal to the intention adjusts the conflicts between legitimacy principle and rationality principle. The principle being equal to the intention refers to thinking problems must relate particular historical conditions of one country (such as economic conditions of the time, cultural concept, social development level, political requirement, criminal positions, crime view and reaction on crime of the mass public and the lawmakers.) and confirming a general tendency towards the interpretation of criminal law on the purpose of requirement of law by society that reflected by the objective historical conditions. In the same time, the paper discusses relationship between the fundamental principle of criminal law and the principle of interpretation of criminal law and relationship between the fundamental principle of the concept of interpretation of criminal law and the principle of interpretation of criminal law.Part three is method of interpretation of criminal law. There are disputes about method of law interpretation and law classification. The disputes about the classification of the method of interpretation are two categories, three categories, four categories and five categories. Disputes about the method of interpretation are numerous and complicated. Some scholar summarized most eleven ones. Such as semantic interpretation, systematic interpretation, interpretation of law intention(evolution interpretation), teleological interpretation, extenting interpretation, confined interpretation, natural interpretation, constitution-based interpretation, comparative interpretation, sociological interpretation, opposite interpretation etc., Restricted by lawful principle of crime, the writer thinks that the other interpretation methods can be adopted except the analogy interpretation. The paper makes explanation for Grammatical interpretation, historical interpretation, systematic interpretation, interpretation of law intention and teleological interpretation through examples. Finally, the paper puts forward its viewpoint about precedence relation of several methods of interpretation of criminal law. Grammatical interpretation is considered as the most basic method in the paper, and historical interpretation, systematic interpretation, interpretation of law intention and teleological interpretation as the complementary methods.Historical interpretation, systematic interpretation, or teleological interpretation will be prior at place rank when there are other meanings according to the historical interpretation or systematic interpretation; but in principle, logical interpretation logic should be the standard.