The Criminal Law Is Explained Objectivity Exploration

Looks over the present criminal law explanation theory, no matter the concept which explained from the criminal law or the rule which criminal law explained follows is unable to find any unified opinion. These theories even can draw the wrong conclusion in the judicial practice. In this article, the author discusses the concept of the criminal law explanation, the necessity of the criminal law explanation, and the rule of the criminal law explanation in my opinion, so that the criminal law could be understood and explained correctly in the practice. The article is divided into three parts.The first part elaborated the criminal law explanation concept. On the concept of it, the academy circle in our country has various kinds of opinions. By referring dispute between foreign and domestic scholars, the author pointed out the correct definition of it should base on the correct understanding of its subject, object, purpose and nature four aspects. The subject of the criminal law explanation should not be limited, any organization or individual is authorized to explain the criminal law; The object of the criminal law explanation should be the criminal law criterion; The final purpose of the criminal law explanation is the criminal law is correctly applicable; The nature of the criminal law explanation should be understood the unification of the meanings of the criminal law and the process with which comprehend the meanings of the criminal law. Therefore, the author thought the criminal law explanation is refers to the organization or individual understood the meanings of the criminal law criterion and the process with which comprehend the meanings of the criminal law, so that the criminal law is correctly applicable.The second part elaborated the necessity of the criminal law explanation. Whether the criminal law criterion need to explaining, once was a prodigious dispute in the Chinese and foreign criminal law theory. The prohibition of the criminal law explanation is the inevitable conclusion to conform to " the modal principle of legality". The criminal law that is not need to explaining, no doubt is the most ideal, but the reality tells us this is only one kind of fantasy. Any criminal law is need to explaining. Society is ceaselessly development inevitably can bring the meanings of the law change. In other words, we must endow new meanings with the law according to the new social situation under certain specific situations. This is lied on law which is objective, universal and character which s limited, polysemous, and the society which is complexity, the change.The third part has thoroughly explored objectivity of the criminal law explanation. The author pointed out the objective explanation which is founded the "general knowledge" "common sense" "common reason", take realization of justice of the criminal law as the goal, in the possible meanings of the character of legal criterion, make the systematic explanation in the entire legal framework is the most reasonable explanation. And author discussed the application of the new objective explanation, take the status of "seek profits for others" in the crime of Accepting Bribes as the example.