The Criminal Law Explanation Study

With the accelerated development of China’s legal construction, and theconstantly improvement of legal system of Chinese characteristics, as the connectionof legal and judicial practice, legal interpretion, plays a significant role in both ofcriminal law theory and judicial practice. In this article, the basic problems, whichhad already reached an agreement in the criminal law theory, would not be discussedtoo much. Instead, from the foundation of legal interpretion theory of criminal law,combined with the basic idea of the explanation of criminal law, and the relationshipbetween the criminal law explanation and nulla poena sine lege, and some particularproblems of the interpretion of criminal law. Also, reasons and forms of expression ofjudicial interpretation of criminal law with excess authority would be discussed in thefollowing pages.In the first part of this article,combined the development history of theinterpretation to the domestic and international criminal law, reference to thedefinition of criminal law interpretation from Professor Xihui LI, through thecomparison between other similar concepts with the explaination to the criminal law,carried on the primary expound to the basic concepts of interpretation of criminal law.And as the basis for this, launched the second part of this article.In the second part of this article, the relationship between the criminal lawexplanation and nulla poena sine lege would be used as an entry point, and thenstarted with the philosophical hermeneutics. A systemitic analysis of criminal lawinterpretion would be given by the perspective of the principle of nulla poena sinelege. The therotical foudation of criminal law interpretion would be foused to discuss,which would reasonable for the existence of the interpretion of criminal law.After the the systemitic description of the basic concepts and theoretical basis tothe interpretation of criminal law, in the third part, several viewpoints would bedescribed in the theoretical circles of the criminal law about that whether theinterpretation of criminal law should exist, combined the above contents, carried outanalysis one by one, made theoretical basis for the rationality of the existence of the explanation to the criminal law.The last part was the key point of this article, after a systemic theoreticalanalysis of commonly exists judicial interpretation of criminal law with excessauthority, from the angle of legal practice, the specific expressions of legislativeinterpretation of criminal law with excess authority and judicial interpretation ofcriminal law with excess authority were concluded. Through organization, judicialinterpretation of criminal law with excess authority is commonly exists, its defensemechanism is not completed, and the post measures of remediation are simple andcrude. Although judicial interpretation of criminal law with excess authority wasdeeply researched and discussed by plenty of scholars, series of relevant solutions wasproposed by them. Essentially, the existence of judicial interpretation of criminal lawwith excess authority can not be eliminated. Nowadays, judicial interpretation ofcriminal law with excess authority still stunting obstructing the normal organizationof criminal justice.