China's Criminal Law Judicial Interpretation Of A Number Of Issues To Study

Criminal law judicial explanation is covered by foundation and prerequisite of criminal law accurately. The development history of judicial explanation of criminal law indicates the understanding of importance of judicial explanation and necessity has already made it jump out the cage that absolutely forbade the court or judge's explanation criminal law. So, in the modern society, the judicial authorities of various countries are in this power of extensive use, thus "try hard to enable and coordinate about the relatively stable need and such conflicting requirement of need of changing ". Certainly, our country is no exception, the Standing Committee of the National People's Congress issued" the resolution on strengthening the work of legal explanation " in June of 1981, permit the Supreme People's Court and the Supreme People's Procurator (hereafter referred to as " whether two high "), employ the issue of the law to explain on administration of justice with procurator work specifically separately, this is a legislative authority of carrying on judicial explanation that " two-high ". However, alienation has taken place in real operation. This text draft with enough to set out from of our country criminal law judicial explanation existing problem, thus propose that this text uses is described for being convenient, mainly use the analytic approach of the concept, demonstrate the induction, comparative analytic approach, analytic approach of the case etc. in the style of writing.This text divides into five parts besides foreword and conclusion,.Full text approximately 32,000 characters.The first part is about our country criminal law judicial interpretation reconsidering, through to our country criminal law judicial interpretation overall review, has promulgated our country criminal law judicial interpretation existence question, namely: Many judicial interpretation breakthrough present criminal law standard text meaning, relegislates, this not only violates has presently executed the stipulation the crime punishment legal principle, has violated the present constitution stipulation; At the same time, these massive...