Applicable Rules Of Method Of Criminal Law Interpretation

Criminal law interpretation has always been throughout the criminal and law criminal trial practice, and legal argumentation and legal reasoning closely together to jointly solve criminal cases. To explain the rationality of criminal law comes from many aspects, such as the interpretation of fair use, criminal justice personnel, and the quality of the verdict of the social effects and so on. But the root causes, the criminal sentence to get a good social effect is still the need to strengthen the reasoning of the case and bring a decision based on rational reasoning on the criminal. In order to obtain the relative scientific reasoning seems, the criminal judges are accustomed to using the judicial syllogism, seem to make the case that the process reflects the maximum objectivity and logic, but the face of slightly more complex cases, whether as a major premise provisions of the Criminal Code or the facts of the case as a minor premise is not a simple one to one, so integration of the facts and law is the law of Article the best tool for interpretation. This article explains ways to practice criminal law to point, from the research situation, the logical starting point, the institutional basis, operating techniques, case studies of five aspects of the criminal system.Chapter One:Select the column of the domestic and foreign scholars on the interpretation methods of the different theories described by the general description of the method is applicable to understanding the rules of the situation, and through a list of these ideas, summarized in a consensus has been reached on the interpretation aspects. For the discussion later in the delineation of the general scope of the argument.Chapter Two:The first part of the interpretation methods of the difficulties faced by the dilemma to explain the main body from the criminal law, method, way of thinking, the causes of difficult cases such challenges. The second part of the study with the experience of the way through the main statement of the need for the rules of interpretation.Chapter Three:Penal interpretation of proof the priority of interpretation comes from the value behind it, this chapter is based on the value as well as interpretation and the correspondence between this sort to make detailed analysis and demonstration.Chapter Four:depth in the method of using the rules of each Jieshi the main problems faced by, and in the interpretation of these key issues, based on the attempt to link the various ways to form a reasonable, coherent and strong rules applicableChapter Four:in-depth study of each rule in the interpretation methods used by the major issues facing, and in the interpretation of these key issues, based on the attempt to apply the various methods together to form their own more reasonable, coherent and strong Applicable rules.