Exploration Of Criminal Semantic Interpretation

Semantic interpretation is the most basic interpreting method. As criminal law has the principle of’conviction and penalty according to law’, it becomes more meaningful to explore the method of doing semantic interpretation. Respecting the semanteme reflects the prudent attitude of no punishment without law, in macro-scope, it shows the value of criminal nomocracy. However, it is merely basic but not simple as to the role played by semantic interpretation. The method should be explored with integrated view. To precisely value the position of semantic interpretation, it is necessary to understand its significant influence on handling the process of interpretation and on the establishment of criminal law nomocracy in both of the macro-scope and micro-scope. Only in this way, shall we have a full understanding of semantic interpretation and make the most of it in dealing cases. This dissertation will mainly illustrate this point and divide the article into three sections.Section one focuses on the foundational theory of semantic interpretation. The interpreting method can be classified into interpretation in form and substantial interpretation. Semantic interpretation, as powerful explanation of criminal law provisions, belongs to the latter. In the viewpoint of this article, it is carried out by the judges who accept and hear a case to interpreting and applying the law, hence it is judiciary interpretation. The purpose of semantic interpretation is to uncover the objective meaning of the legal provision, not to find the original intention of legislators. Criminal judge should insist the principle of’conviction and penalty according to law’throughout the whole process of semantic interpretation.Section two analyses the value of semantic interpretation. In micro-scope, as a branch of material interpretation, semantic interpretation provides approaches and limits the boundary for the conclusion of criminal interpretation. In macro-scope, there is common value orientation between semantic interpretation and the principle of’conviction and penalty according to law’.Section three illustrates the process how to handle criminal interpretation. In this process, it may be considered of several respects to draw out the final construction, i.e. fact of the case, ordinary meaning of the words, characteristics of criminal law and features of criminal wording. Meanwhile, linguistic theory is important as well. Handling criminal interpretation is a process that interpretation in form is chose to be combined with substantial interpretation which finally support the interpreting conclusion. In order to improve the interpreting skill of Chinese judges, more attention should be laid onto the establishment of corpus database and the promotion of linguistic practice. Nevertheless, the most important is the cultivation and adherence of judicial conscience.