The Judge In The Criminal Justice Process Is Explained

It is a refutable fact that a judge enjoys the power to interpret criminal law in criminal judicial process, particularly in the process of difficult case. The judge's power to interpret criminal law does not conflict with contemporary system of interpretation of criminal law. To solve the problem, the paper claims that all the judges should primarily interpret criminal law subjectively and should also interpret objectively at the same time. Secondly, To apply law uniformly and to ensure fair judgment, The people's Supreme Court should interpret when a difficult case has been submitted to Supreme Court, which should be interpret according to theory of objective interpretation.How to interpret criminal law norms in a concrete case? A judge should first use literal interpretation when a difficult case has been caused by vagueness. Secondly, purpose interpretation, system interpretation and extensive interpretation should be used to avoid unreasonable decision for application of criminal rules strictly, which require that a judge should interpret properly in a difficult case. Certainly, when a method of interpretation has been used in a case, the judge must consider its limitation.The paper finally presents that, it is very important for a judge to give sufficient reason when he interpret criminal law to arrive a conclusion, which can avoid the defects by syllogism in judicial process.