The Existing Criminal Law Judicial Interpretation

The penal code judicatory's explain is an our country pertaining to crime judgment in an important system, have an important function towards guiding the pertaining to crime judgment, this text is judicial from the current penal code explain of concept,characteristic and with other explain of the distinct etc. legal theory foundation commence, and cause the penal code judicatory of the controversy to explain to launch a research for the Supreme People's Court, explain the method educational circles judicial to current penal code explain under mechanism the thinking of the implicit method knowledge, and to Be constucting to involve penal code judicatory to explain in the socialism country under the rule of law of the function and function carry on some discussions.The judicatory that the Supreme People's Court release explains to cause the method educational circles to query continuously, especially the concerning the judicatory that fornicates a female explain a set, being in the society first to cause a controversy, then arising great repercussions in the academic circles again.The method educational circles well-known expert, Su, dint the professor put forward querying to combine to the essential penal code educational circles to the supreme court to put forward scathing animadversion;And the essential standpoint of the penal code educational circles then support the opinion of the supreme court, explaining to carry on vindicate, but also having parts of penal code scholar's judicatory to the supreme court to explain to do to introspect for the judicatory of the supreme court. Aim at the penal code judicatory explain of the benefit and fraud, the scholar of the penal code educational circles puts forward the own opinion and suggestion, can say the issue causes to introspect to a lot of related penal code problems that the penal code educational circles thinks to without controversy.BE regardless judicial officials still a theories in the judicatory the fulfillment and the penal code the theories of the development process scholar for the Supreme People's Court the judicatory of the pedestal explain to have already accustom to, also didn't to current judicial explained a mechanism to put forward thusseverely of query.Current judicial explain the formation of[with] mechanism to have it the history reason to also have judicial fulfillment of long-term habit backlog, almost will not have in day after day of the judicatory the fulfillment who presume to query already a Supreme People's Court of become the judicial precedent of judicial explain authority .Have already had the expert the scholar to put forward set up in the academic circles cause of the rightness the Supreme People's Court judicatory explain query the process since match Chinese state of the nation and adapt the new pertaining to crime of the socialism rule of law construction judicial explain a mechanism.The problem that the writer is explaining from the penal code judicatory commences standpoint of put forward the oneself.This text is divided into four parts.One part to our country the current penal code judicatory explain of concept,characteristic and with other explain of the differentiation carried on theories analysis, and to our country the penal code judicatory explain to have of the special features and special function carried on summary;The second part analyzed the our country penal code judicatory to explain of the present condition and existent problem;The third part relates educational circles to the current penal code judicatory explain of query, introduce the main standpoint of some well-known expert's scholars and did the analysis for correspond, put forward writer of basic comprehend;The four-part cent is a writer to the analysis and thinking of the deep reason that the judicatory explain;Put forward textual conclusion part also, at comprehensive the front explains to carry on thinking to the current judicatory and educational circles for judicial explain the foundation of the standpoint of the system up, put forward the standpoint of the writer-cent the stage say.