Study On Several-Issues Of Criminal Procedwe Law Interpretation

Legal interpretation can avoid statutory rigid, at the same time can remedy the legal loophole, of applying and perfecting law plays an important role in. But there is a " small constitution " of the criminal procedure law research has been in a weak state, on the interpretation of criminal procedure law research compared to the criminal law, substantive law is more backward. Criminal law in the practice of justice, illegal abuse of power, violations of human rights repeatedly happen. But in the criminal law study, the focus of the study by scholars in the criminal law system construction, advocate pull type legislation design more. The criminal procedure law has been revised, and shall come into force on2013, in a short period of time will never change the legislation, interpretation of criminal procedure law research should become the future of academic circles and the judicial world research focus.Criminal law interpretation of the body should not be limited to the Supreme People’s court and the Supreme People’s Procuratorate. more attention should be paid to the specific case of investigators of the power of legal interpretation. The legal interpretation of the object includes not only the legal norms, and the facts of the case. Legal norms include criminal law code, the constitution, and other related to criminal procedure law, international treaties, criminal law. criminal policy; the facts of the case is the evidence of "fact’Interpretation of Criminal Procedure Law on the method compared with other department law has its unique characteristics. Uniqueness is mainly derived from criminal procedure special principle:the due process principle, principle of evidence judgment and the legal principle of crime and punishment. This paper demonstrates three principles of criminal law interpretation and the interaction between, on the interpretation of criminal procedure law of specific methods listed on this text. Only the method of discourse interpretation of criminal procedure law can not solve the problem, because cannot explain the method exists between the scheduling problem. And explains the method of the scheduling problem in theoretical circles and did not form consensus, this article is put forward to explain the general will follow the literal history, objective, system, generally ranking for interpretation of criminal procedure law, not explain the rules of guidance, but the judge from his obligation to obey the law, from the constitutional system and political demands.Criminal violence in law enforcement, judicial power abuse phenomenon to a certain extent on interpretation of criminal procedure law research is still weak, interpretation of criminal procedure law in theory circle and judicial circle are encountered difficulties, lack of reasonable procedural decision, different subject of interpretation interpretation between the effectiveness level classification status must be change. Lead to the reasons for the status quo has not only the historical reasons of the evolution of the current judicial system, also have the factor. Now the CPL has been revised, pay close attention to the development of criminal law. attached to the interpretation of criminal procedure law, the judicial sector more urgent. Development and prosperity of criminal law interpretation method and the way, first of all need to face up to the high of the interpretation of criminal procedure law will continue to exist, but it is more important that the handling a case personnel case interpretation, and to have the case guiding system, the reform of judgment documents way constraint investigators on cases of interpretation right. Hope on the interpretation of criminal procedure law research can get enough take seriously, put an end to the criminal litigation procedure of abuses of power, the state power is defined in law meaning from text to radiation within the range of.