Theory Of Expanding Interpretation Of The Criminal Law Limit And The Method

Through compare with variety of perspectives,this paper in order to explain " the boundary and method of the expand explanation of criminal law",And to make this theory systematic.I try my best to discuss the difference between expand explanation and analogy to explanation, the difference between the reasonable and unreasonable explanation. In order to make the using of this method become better.This paper content following:Introduction:Introduce the background of this topics, the current situation about this tittle of researching, the significance and value of studying this subject.The first part, analysis the concept of "expand explanation", analysis the relationship between expand explanation and it ordinary means.The second part, I analysis the relationship between explain the legal interpretation and expand explanation of criminal law. It is necessary to explain the criminal law during the trial.It must respect "Nullum crimen sing lege,nulla poena sine lege". It have some value and function.The third part, discussing the boundary of method. I discuss related issues of analogy to explain. Discussing the difference between expand explanation and analogy to explanation.The fourth part, I explain expand explanation of criminal law:and classify the expand explanation of criminal law. Expounding the principle and limitation about this method. And discuss the using about this method.There is limitation when we use the method of expanding explanation of criminal law. It plays an important role.we should not expansion of criminal law in legislation. Supreme People’s Court and Supreme People’s Procuratorate use the method of expanding explanation of criminal law as less as possible. We should respect the principle of "Nullum crimen sing lege,nulla poena sine lege". We should distinguish strictly between expand explanation and analogy to explanation, achieving justice, stability and purpose of the criminal law at last.