Legal Principles And Criminal Law. Crime And Interpretation Methods

Principle of Legality is the key rule of the Criminal Law which connects withinterpretation very often while applying it.This article tries to illustrate the relation between Principle of Legality andinterpretation of the Criminal Law as following:First, the foundation of Principle of Legality will be analyzed which includesdemo racism and human right's protection. While the theories of the separation ofpower and psychological compulsion is not strong enough to support the principle ofLegality.Second, in view of substantial righteous, we come to the conclusion thatPrinciple of Legality consists of two sides: one is formal, and the other should besubstantial. And we should combine them together to interpret the criminal law.Then, a lot of effort is to be taken to study three main methods ofinterpretation of the Criminal Law: analogy, expansion and systematicinterpretation. Some of the main points are listed below as examples:(1) the prohibition of analogy is only restricted in the side of the dependant.(2) if the conclusion of the interpretation consist to the changing life thusremain within the meaning of the statute of criminal law, it should not be consider asviolating the prohibition of analogy interpretation.(3) it is permitted to make an abstraction of several constructing factors to forma category.(4) the possibility of foreseeable is the boundary of the enlarging interpretation.(5) we should connect the necessarily of punishment with the possibility ofenlarging interpretation.(6) the main method of enlarging interpretation is objective way, while thesubjective way is subsidiary.(7) it is permitted to make an abstraction of several constructing factors to forma category. After that, I also discuss some other interpretation methods such as limitingmethod, historical method and purpose grasped method.(1) The limit explained that, caused to limit the punishment scope frequently,this already meant limit state power in particular judicial authority.(2) Also meant safeguarded actor's freedom, this was precisely the principle ofthe legality's substantive request.(3) But this does not mean the limit explanation always conforms to theprinciple theoretical foundation.(4) The history explained did not mean only discuss the legislator originalintention, but it must obtain accord to the history reference conforms to the timeconclusion.And as the conclusion, it is emphasized that to apply the principle of legality,we should searching for the substantial righteousness without straying away from thewritten language of the Criminal Law.