The Promotion Of The Form Of Criminal Interpretation

There were two sholar papers that one is To declare the formal interpretation again writted by professor chen,and the other is To advocate the substantial interpretation again writted by professor zhang at the same time, which has caused a heated discussion in the academic circles. Then, there are gradually forming two schools of shunt in the criminal law academic word., leads to different schools of thought dispute. This is coming the different schools controversy in criminal law which is the same dream of all the criminal law scholars, because the different arguments dispute together,which can promt the study continuous development of criminal law, and rich academic theory.Aiming at criminal interpretation, there were two camps that the formal interpretation whicn represented by professor chen xingliang, and the substantial interpretation which represented by professor zhang mingkai. Choosing one interpretation method can leads to the right direction of sudy in the theory, and can service for the judicial in the practice. Becanse the legal provisions is dead, how to make the value which from the legal provisions match with the abundant illegal phenomenon, which is a big responsibility of the interpretation study, and is also one important subject for the judicial that needs to make out the right direction and needs to think over seriously. That is why I choose to this subject. With hoping to find one right interpretation method for our judicial rencetly, I"11try my best to analysis the theories.With these two camps that the formal interpretation and the substantial interpretation, I red a lot of sholar papers and books, and ananlysis the specific judicial cases and so on. Finally, I chose to stand at the formal camps---formal interpretation. From the history of the judicial and the traditional culture development, substantial idea has been staying at the criminal practice. Afterwords, formal idea is the most suitable method to be insisted on. Therefore, I choose to support the formal interpretation. With china’s current judicial status, the most advocated way is the formal interpretation. This article is divided into seven parts that is the criminal law explanation itself, the definition of the formal interpretation, and with the principle of legality, human righrs protection, the value of the criminal law. Though these roads to compare the formal and substantial interpretation at it’s spirit, requirements and value. In the end of this paper, make some supplementary thinking for the formal interpretation. In this article, firstly, definite the fundamental contents of the formal interpretation that the formal judgment is on the head with the substantial judgment back, not only submit to the words meaning in the mind of the substantial scholars. Not only from the value of the principle of legality, and the formal spirit of the compliance judgment at crime constitutions, but also the global human rights development and the fundamental requirments of the rule utilitarianism, all of which puts rule in the first place. In decades ago, our government has been advocating the rule by law, and put it upto the policy of country, hoping the all communities can live in harmony under the rule. The rule should be abide by not only the citizen but also the judicial workers, especially the criminal judical workers. Only the interpretation results can be accepted by the citizen, the law can protect the freedom and human rights of citizen. Only when we comply with the rules, the rules give us real justice.I hope that through this article, let it rich the formal interpretation’s contents, and wish the criminal judicial workers can put it into practice serving all the people.