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Dissertation On Judicial Criminal Interpretation

Posted on:2014-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:J F NiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
In judicial practicejudicial criminal interpretation really exists.And it has theoretical basis,however,it has not recognized by legislation so far.Therefore,this situation limits the initiative of judges,and is not conducive to upgrade the abilities of judges,and restricts the development of the judicial theory. Although many scholars and practitioners have published treatises which clarify the necessity of judicial criminal interpretation,and pointed out the problems in current judicial criminal interpretation system,and put forward their own views on how to build this system and made outstanding contributions to promote legislation recognition.But still now,this power has not been recognized.Therefore,on basis of studying results of predecessors,the author select this topic in order to propel legislative recognition.This article includes five aspects.Firstly,it explains theoretical definition of judicial criminal interpretation.This part mainly explains the concept of judicial criminal interpretation,and the relationships with criminal interpretation and judicial interpretation,and nextly explains the origin and the nature of the power of judicial criminal interpretation and its theoretical and practical values. Nextly,the article examines its development of the Civil Law and Common Law countries,and concludes that it is a trend of world law.To build a socialist country under the rule of law,we should recognize judicial criminal interpretation.Of course,the power of judges has rational basis.It is an inherent requirement of the ultimate value of justice, and it is inevitable to implement a legally Prescribed Punishment for a Specified Crime,and it can adjust to the development of society and changes of life.Therefore,the power of judges has theoretical and practical basis.But in our country,this power has not been recognized legislatively.We should leave a seat for judicial criminal interpretation. In this way,it together with legislature interpretation and judicial interpretation promotes the development of judicial practice.In order to build judicial criminal interpretation,the judges should abide by the principle of a legally Prescribed Punishment for a Specified Crime as a limit,and possess criminal law stance including protection of human rights and society,and unity between legal and social effects,and relations between subjective and objective interpretation.The judges should respect the principle and methods of legal interpretation,and reason out the reasons of the verdict.This can convince people to improve the credibility of the judiciary,and enhance the execution of the judgment, and to achieve the purposes of the penalty including general and special prevention.In addition, the judges must accept supervision so that the judges cannot abuse his power and protect the parties, especially the defendant.The judges should comply with the aim that the Criminal Code protect good person and defendant.To improve our current criminal interpretation system in our country and promote the development of criminal explanatory theory, and to adjust to the social changes,and to keep up with the pace of the development of the world law,it is an inevitable trend to recognize judicial criminal interpretation.Of course, this may require a long process.
Keywords/Search Tags:judicial criminal interpretation, a legally Prescribed Punishment for aSpecified Crime, discretion, justice
PDF Full Text Request
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