On The Principle Of Legality Judicial Use

Principle of legality is one of three basic principles of criminal law, democracy and the rule of law point of difference between authoritarian society, one of China's criminal law has clearly defined the principle of legality. If you can truly work in the judicial principle of legality will be carried out, for our process of building a socialist country ruled by law is a landmark victory.The use of the principle of legality judicial process, is the judicial staff in the administration of justice in how to understand the applicable law, and ultimately the principle of legality. Principle of legality throughout the judicial use of the facts that discretion the choice of law and punishment in three stages, each stage can not be separated between the facts and legal analysis to determine the most important is how to determine the facts selected on the basis and applicable law, and ultimately of legality, the choice of law process is to understand and explain the legal process. Therefore, the criminal law applicable to the process of interpretation, judicial use of legality should be the key issue.This paper from the principle of legality and interpretation of the general theory of criminal law, first to explore the principle of legality in different aspects of the requirements, explain the development of criminal law and judicial practice in China's current interpretation of the rules should be followed; followed the principle of legality of the judicial use of and interpretation of criminal law analysis of the relationship; then introduced to explain the Perspective of legality and the position of understanding of interpretation and application; the end, Xu Ting as the carrier, the principle of legality analysis of how to use theory to guide interpretation of criminal law, and ultimately legality.Text is divided into five parts:The first part is about the basic theory of the principle of legality, the early introduction of the theoretical basis of the principle of legality is Montesquieu's separation of powers thinking and psychological force, said Feuerbach, and standing in today's society's point of view that these two the inadequacies of existing theory; second describes the modern theory of the principle of legality is based on democracy and human rights, protectionism, and stressed that these two ideas in the course of justice has an important meaning; Finally two of the principle of legality different aspects of the conflict and fit, that the judicial interpretation of criminal law practice should take into account the principle of legality in the form of rationality and substantive rationality, and pointed out how the conflict between the two options.The second part is about the interpretation of the relevant criminal law theory, introduced the concept of criminal law and criminal law to explain the theory to explain the development of, and introduced a strict interpretation of the freedom from the traditional interpretation of the changes and explain the concept of the historical choice of the criminal law process, pointing out that the current judicial practice in China the criminal law should be held to explain the concept of what explains.The third part is the interpretation of criminal law principle of legality and Analysis of the relationship between the two, that explain the process to follow the criminal law principle of legality of the importance of criminal law in the interpretation process may occur when the pursuit of the principle of legality and objectivity of the law there is a conflict between certainty and reasonable interpretation is further pointed out that the legality of this abstract theory truly effective way.The fourth part is the principle of legality under the criminal law field interpretation of the criminal law to explain the basic position and a variety of criminal law to explain the choice of methods and application. Used to guide interpretation of criminal law principle of legality, the aim is that ultimately the legality, legality and interpretation of criminal law to achieve the dialectical unity.The fifth part is to see from Xu Ting judicial application of the principle of legality, as the carrier to Xu Ting, Ting Xu around the case "theft of the qualitative" and "whether the theft of financial institutions," the focus of these two arguments, the interpretation in the case should explain how to achieve the principle of legality.