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Legally Prescribed Punishment For A Specified Crime From The Perspective Of Criminal Law Judicial Interpretation Methodology Review

Posted on:2013-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:W PengFull Text:PDF
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Judicial interpretation of criminal law is a worldwide legal topics. At all times andin all countries almost every national legal system has the interpretation of criminal law.Judicial interpretation of criminal law for a long time caused many jurists dispute. Thisarticle from the crime legal principle analysis of judicial interpretation of the criminallaw ’s rationality and necessity, and analysis of China’s current criminal lawinterpretation of the current situation, the author gives some suggestions for the reformof China’s criminal law interpretation.In addition to the introduction is divided into four parts:The first part, interpretation of criminal law under the principle of legality: thefirst introduces the crime punishment legal principle origin, from abroad to the statutoryprinciple of crime and penalty of the earliest mentions origin, then analyzed our law onthe legal principle of crime and penalty provisions; and then discusses the statutoryprinciple of crime and penalty value connotation, mainly including three aspects; finallydiscusses the crime punishment legal principle of criminal law interpretation ofevolution, namely from the absolute crime legal principle to relative crime punishmentlegal principle of change.The second part, the judicial interpretation of criminal law theory: firstly, on theprinciple of legality of the concept of argument, and shows the author ’s point of viewthat judicial interpretation includes not only by the highest judicial authority issued thejudicial interpretation and documents, including all levels of court trial organization inthe specific case of the application of law explanation, that judges interpret of casejudicial interpretation of criminal law; then summarizes the necessity of judicialinterpretation of criminal law; then describe the role of judicial interpretation ofcriminal law; then on the basic position of judicial interpretation of criminal law,including the goal and value orientation, two aspects; finally, will focus on the analysisof criminal judicial interpretation of several major interpretation method.The third part, the judicial interpretation of our criminal law to the crimepunishment legal principle: from judicial interpretation on the legal principle of crimeand punishment from the first phenomenon for certain judicial interpretation beyondcriminal law, a new standard; second phenomenon for certain judicial interpretation modification, complement the original criminal law, violating the legislative power;third phenomenon for some judicial interpretations violation of criminal law" from theold and mitigating" principle; fourth phenomenon for some judicial interpretations inviolation of the criminal law basic theory; the fifth phenomenon for certain judicialinterpretation deviates from the statutory principle of crime and penalty and theprotection of human rights value.The fourth part, the crime punishment legal principle of judicial interpretation ofcriminal law under the guidance of thinking: in this part of judicial interpretation of ourcountry puts forward some reforming suggestions, the first proposal to change the oldconcept of interpretation of criminal law; second suggestions for the reasonabledefinition of legislative interpretation and judicial interpretation of the competencebetween; third suggestions for strictly according to the legal provisions contentinterpretation, prevent beyond-the-right interpretation; fourth recommendations forappropriate gift and gradually expand the discretionary power; fifth suggestions toenhance the legal precedent in the interpretation of criminal law in the status and role of.
Keywords/Search Tags:Legally prescribed punishment for a specified crime, Criminal law, Judicial interpretation, Methodology
PDF Full Text Request
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