On The Limits Of The Criminal Law Interpretation

The interpretation of Criminal Law is the core of criminal law, in a certain sense, the criminal law is to explain the life of the Penal Code, the specific norms applicable to criminal law cases, the magistrate must feel justice, constant attention from the criminal law norms and the facts of the case of , the norms of criminal law through the interpretation and the interpretation of the facts of the case, to bridge between the "cracks", in order to achieve the purpose of the legislators to complete the mission of justice. Criminal law as a defense-based social sector law, the legal system in a back-up the status of law, that is, when other methods could not adjust the specific social relations, the right of the penalty will be allowed to launch, known as the criminal law rear preposition, and the attribute specifications in the criminal law is the most important basic principles of criminal law - the principle of legality. Statutory requirements of the crime and the principle of criminal law must be clear, but clarity is not here to do not need to explain clearly, because as the carrier of the Criminal Code norms: words, with the ambiguity inherent characteristics of and variability in the specific facts of the case in If the wrong interpretation of criminal law norms, it can not be applied to a given case.The interpretation of the Criminal Code requires a certain limit, the crime and the criminal law principle of statutory interpretation must be an explicit provision of the criminal law as the limits of norms, norms of criminal law can not go beyond the legislators in advance to make the meaning of a provision made outside the scope of interpretation, but the Chinese and foreign criminal law in the history of ideas to explain the limits of the Criminal Code did not reach a consensus view, and in specific cases, even if the referee on the same standards, the answer will come to a different conclusion, the author attempts to Chinese and foreign criminal law in the history of ideas to explain the limits of criminal law issues Discussion sort out, and this must be based on comprehensive criteria to define the limits of criminal law interpretation. In addition, as this is closely related to the problem, I will and so on, the Chinese and foreign criminal law so confusing the concept of the history of ideas, to discuss and resolve, analysis and so on this way of thinking in the course of the Criminal Code applies to the use of specific process and the need, as well as how this way of thinking through.