The Expansion Of Criminal Law Is Explained

Amplified interpretation of criminal law is an ancient topic, but is a problem, to extend a hermeneutic usage whether science reasonable's relating to the function of penal code directly can carry out. This text has a foothold in the penal code basic theories, carrying on an overall study and the research towards extending a hermeneutic basic problem.The text constitutes to three parts. The first part, summarize of amplified interpretation. Elaborated the concept and categorize of amplified interpretation, amplified interpretation existent of basis and value. Extending to explain is a kind of conclusion that the penal code explains, whether this kind of conclusion is proper and reasonable or not, have existent of basis and value. The basic concept that the penal code explains is subjective to explain theory, objective explain theory and compromise to say, writer approval with subjective say for the host and guest view say for assist of compromise to say. The basic concept that penal code explains should from explore the original intention of clear lawgiver to set out, investigate lawmaking intention and aim from the essence, only intent in the lawmaking can't cognize or because of lawmaking careless omission but to the situation that the problem of realistic occurrence can't resolve, just consider inside the meaning scope that may have in the law ruling terminology, according to the law spirit, the assurance meets the law meaning of realistic demand, thus right apply penal code norm to protect by carrying out human rights guarantee function and society of penal code function. After the certain penal code explain of basic concept, the writer affirmation extends to explain existent of basis and value: Reasonable of amplified interpretation don't breach offense penal code settle principle, and is the request that the offense penal code settles a principle; Reasonable of amplified interpretation, will not outrun the scope that the citizen predicts a possibility; Reasonable of amplified interpretation to be advantageous to human rights guarantee function and society which carries out penal code to protect function to unify; Reasonable of amplified interpretation to contribute to the shortage which makes up presentable penal code, strengthen penal code to the adaptability of social realistic demand which develops continuously.The second part, the principle, limit of amplified interpretation. Extending to explain is a kind of penal code to explain, explaining to the penal code of general principle academic circles the standpoint is different, the writer approves the penal code explains of the general principle have a legitimacy principle, rationality principle and match a purpose a principle. Extending to explain should also follow these three principles, but amplified interpretation to have it the special, therefore should emphasize to emphasize extend explain should follow a self-discipline principle, predict possibility principle, legitimacy principle, rationality principle. Concerning extend hermeneutic limit, the writer carries on analysis to the current educational circles existing standpoint, putting forward "the penal code ruling may has most breadth meaning" to say(or" the artillery range say")+"the citizen predict the possibility says" extend hermeneutic limit. The writer thinks "the citizen predict a possibility" is a very abstract standard, to whether outrun the judgment of "the citizen predict a possibility" and combine the justice view of penal code substance, the justice is the substance value of the penal code to pursue a target. Only put together these two kinds of standard knots, then can hold to extend hermeneutic reasonable limit. End, writer to Japanese and our country penal code of some extend explain carry on some solid example analysis.The third part, amplified interpretation to push hermeneutic differentiation with amplified interpretation and analogical interpretation .Writer to confuse easily of the type push to explain, the type push to apply, the type pushed system this a few concepts to carry on more analytical, point out them of the contact and the differentiation. The penal code allows reasonable of amplified interpretation, forbid a type of analogical interpretation, therefore prevent from to push by extending this way line that way solid. Extending to explain to push a hermeneutic distinction with type is a world hard nut to crack, writer at to the educational circles existing standpointcarry on elaborating after put forward.