Reflections On The Substantive Interpretation Theory Under Localization Of The Principle Of Legality

China has witness the history of the rule of law was introduced as a symbol of modernity during the process of building the Modern nation-state,the principle of legality has also gone through the process of localization in China, as the theoretical cornerstone of the modern criminal justice.The practice of this principle, which facing profound difficulties and crises, infuenced by the specific historical context and the reality environment。When the voices still echo of Beccaria prohibiting judges interpret the law, Scholars have been advocate relatively Legality rather than absolutely Legality, How to regulate the behavior of the judge’s explaintion behavior to avoid abusing has made the criminal hermeneutics so important in criminal law academic circle. Domestic criminal law scholars to put forward substantive explained on the theory. Domestic criminal law scholars has put forward substantive explained on the theory.advocating to guide the interpretation of elements under the instruction of legal interest, rather than rigidly stick to the terms and provisions of criminal law. and using the. real substance of punitive judgment to achieve a reasonable punishment range.The necessity of punishment should be taken into consideration when determining the boundary of the Criminal Law Interpretation.Feasibility of the theory of reflection substantive interpretation should be start from the theoretical starting, and facing up to the localization predicament of the principle of legality.only in this way can reach a comprehensive assessment.t on the possible impact of the substantive interpretation.It is one of the purpose of this writing.to rethink about the controversy over the value orientationof principle of legality for years on. as well as the historical background and practical background during localization process.of the priciple. revealing the difficulties encountered in the current environment in China. To explain the different levels within the civil law criminal law field on the substantive interpretation theory and clean-up to clarify the theoretical path of the substantive explanation which domestic scholars advocating, on the other hand., is also one of the purpose of this writing.Finally, indicating the possible challenges meet by substantive interpretation theory and the possible negative impact in the context of the localization of the principle is also one of the purposes of this writing.Taken by the general to the specific cognitive approach, adopted a deductive, inductive, compare, contact and philosophical research methods, the author trying to deepen understanding of the theory on the real explanation, found that the real explained on the theory that may arise in the present. This article is consisted of four parts.The first part has discussed about the producing background of the substantive interpretation theory,as well as Predicament on the way of Localization of the principle of legality. As it indicating.the principle of legality has throught changes from absolute to relative,however the protection of the rights is still its only value orientation rather than extended satisfied that the inclusion of the value of social protection.Statutory crime and localization of the historical process of facing the modern background of the rule of law resulting in the value of the system demands of neglected, and the plight of the modern nation-state’s own repressive make Statutory Crime facing the instrumental concept of criminal law, criminal justice politicized.The second part to explain in real terms on the content. This article to distinguish between the criminal law field in Germany and Japan constitute the substance of the elements on the sense explained on the theory in the early and recent, and then show that the substance and domestic scholars explained on the theory does not have inheritance relationship, but merely expanded on the significance of criminal law hermeneutics. Explained by the domestic real explained on the theory and punishment of necessity as a criminal law term limits may exist beyond the danger of the legal provisions in the form of framework is also worth a crime of theory and into the crime on the penalties because of its too much emphasis on the necessity and the Criminal Law The value of the security and protection functions conflict.The statutory crime and localization in the Context of the third part discusses the implementation of real explained on the possible challenges. Generated from the rule of law and order, require a relatively stable, predictable legal rules over time into a real code of conduct, the point of view of normative guidelines, rules of rational cultivation is the primary task of the current implementation of the rule of law facing criminal formal understanding is an inevitable requirement for the realization of human rights protection under the principle of legality. On the other hand, the substantial inertia of thinking of traditional Chinese are also exacerbated by the stability of the value of the conflict of the essence of proper judicial practice and law, to the detriment of the criminal law early. In real terms explained on the theory can not determine the necessity of punishment, said the standard of harm to society, and therefore can not avoid the ultra-specification factors involved in the judicial practice, and will not be able to avoid to a certain extent on the subjective and the objective tendency of departure from the principle of legality. The contrary, in the more serious degree of erosion of the universality of the law, but also makes the rule of law ideal prestige.Part Ⅳ. Conclusion. Combination of the moment China is still in the initial stage of the rule of law, civil society is gradually generated, order of market economy development and the establishment of the objective environment, advocating forms of rationality and rule’ stick to crime and statutory advocacy in the form of rationality, foster public faith in the law may only is the moment even more urgent task.