| The conflicts of principle of a legally prescribed punishment for a specifiedcrime and judicial interpretation of the criminal law is the most obviously in thecourse of justice.It is also hard to solve. The judicialization of principal of a legallyprescribed punishment for a specified crime, main confusion, content conflict and thesurpasses of judicial interpretation of the criminal law is the most obviousperformance. Because they do not understand the real functions and significances ofeach others from the higher levels, there are many conflicts between both of them.The conflicts of them can be eliminated when we design some principles and rules bythe general values and objects and the basic requirements of the practice.We mayestablish Justice as the target,and establish the system of “Fact-Law-Fact” to enhancethe practice of Justice.For example, we may make a new position of principal of alegally prescribed punishment for a specified and judicial interpretation of thecriminal law, clear the standard of principal of a legally prescribed punishment for aspecified crime, clear the basic principals of judicial interpretation of the criminal law,Reasonable distribute the power of judicial interpretation.I also advocate that thejudges should have more powers in the aspects of judicial interpretation of thecriminal law and the judges can discrete the cases by the previous cases and custom.On one hand, we should moderate decentralization; On the other hand,we shouldthrough establish and perfect supporting system to ensure the effectiveness ofsupervision and the the full, effective exercisethe of power of judicial interpretationOnly by considering the general values and correcting each other in practice, can wemake principal of a legally prescribed punishment for a specified crime and judicialinterpretation of the criminal law become a benign cycle and interacton. |
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