On The Teleological Method Of Interpretation Of Criminal Law

The teleological method of interpretation is a way to explain the law according to a specific purpose or wizard. It is an important branch of the modern theory of legal interpretation, has become second only to literal interpretation. The method is derived from the negation of formalism, giving the interpreter with greater flexibility and autonomy, thereby overcoming the Strict literal interpretation brought the rigid application of the law, so effectively responding to the needs of the society of rapid development, balancing the general justice and justice cases, formal justice and substantive justice. Before, limited by people concern about the defects of uncertainty of this method and traditional principle of legally prescribed punishment for a specified crime, the teleological method of interpretation of applied research has not been went deep into the field of criminal law, but with the economic and social development, the changes in criminal situation and Interpretation theory of the traditional, the principle of legally prescribed punishment for a specified crime people has been modernly i explained, it will no longer be excluded by criminal Interpretation.The teleological method of interpretation of criminal law is a branch of a department legal interpretation of general methodology, the former derived from the latter. So it is natural that the theoretical exploration of the former naturally falls within the framework of the latter. The general methodology should been studied firstly, that is teleological method of interpretation of jurisprudence, including concept, origin, support of jurisprudence, and application of the current domestic situation. The teleological method of interpretation of criminal law that is a method to determine the true meaning of legal texts by means of a certain purpose, achieving the docking between standard and the fact and timely punishment of crime and the purpose of crime prevention. The research of teleological method of interpretation of criminal law should solve the problem that "whose purpose". After the purpose of comprehensive comparison of subjectivism, objectivism and ethical compromise position explained, the objectivist position to explain the purpose of criminal law is established. A variety of purposes (including purpose of static and dynamic purposes) are researched. The method of specific application, and the main body, and the formal determined methods, and the principles of essentially using are all should be studied. In addition, in view of the inherent characteristics to explain the purpose and principles of the spiritual core of statutory crimes, it is necessary that adopting various and effective methods to limit the use of the teleological method of interpretation of criminal law, such as legal text, due process, social constraints, judgments of effective reasoning, etc, to prevent this method from going to arbitrary, departing from the original intention of teleological method of interpretation.Based on reality, the researcher on the teleological method of interpretation of criminal law needs to break the boundaries of law schools, starts from the pragmatism, and absorbs the essence of each other, thereby contributes to the theoretical construction of theory. In judicial practice, through the rational application, the teleological method could meet the needs of the community, achieve the purpose of protecting legal interests and human rights, the purpose of protecting human rights, lets the rule of law in the criminal justice process in China can play the exemplary role due to "the most accurate legal"...