The Research Of Academic Interpretation Of Cr Iminal Law

The Criminal Law interpretation is divided into legislative interpretation, judicial interpretation and academic interpretation according to the mainstream views and the standard of different body of interpretation in Criminal Law interpretation system. Theoretically, these three categories share the same status. As a matter of fact, when it comes to the discussion about Criminal Law interpretation, the scholars all place much emphasis on legislative interpretation and judicial interpretation but neglect the academic interpretation, holding the view that it is more theoretically oriented and different from Criminal Law interpretation. Academic interpretation of Criminal Law does not have legal effect, a fact that virtually confirms this point and places academic interpretation at a very awkward and marginal position in criminal law interpretation system or even fundamental theories of criminal law and criminal justice practice.But looking as a whole, the academic interpretation plays an unimaginable and immeasurable role in criminal law interpretation system, fundamental theories of criminal law and criminal justice practice. Therefore, the author analyzes and sorts out the academic interpretation from the perspectives of the concept, classification and features of academic interpretation, its main content and basic issues, its relationship with the fundamental theories of criminal law and its interaction with criminal justice practice so as to find out the existing issues and disputes and propose the relevant suggestions and measures, hoping to set up a complete framework of academic interpretation.On the basis of the aforesaid ideas, this paper consists of three parts, namely, introduction, the main body and the conclusion. In the introduction, it briefly sets off the current marginal status of academic interpretation as well as its importance and necessity, thus illuminating the background for the following detailed discussion. The main body is also classified into four parts:the first and second parts analyze and sort out the ontology issue of academic interpretation; the third and fourth parts expound on the important role of academic interpretation in its interaction with fundamental theories and criminal justice practice as well as the existing issues. The first part mainly analyzes and defines the concept, classification and features of academic interpretation, thus laying a solid foundation for the following discussion. The second part analyzes and sorts out the scholars’argument and disputes about the interpretation objective, principles and methods of the academic interpretation of criminal law and establishes a theoretical framework of the ontology of criminal law interpretation together with the first part. The third part mainly analyzes and researches the relationship between academic interpretation and the fundamental theories; however, such relationship includes the role of the fundamental theories in restricting the academic interpretation and the role of academic interpretation in enhancing the fundamental theories. The research on the mutual relationship gives full play to the fundamental status of academic. The fourth part mainly analyzes the issues propping up in the process of interaction between academic interpretation and criminal justice practice and puts forward reasonable suggestions and improvement measures.