Font Size: a A A

Amplified Interpretation In Application Of Criminal Law

Posted on:2013-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q DuanFull Text:PDF
GTID:2256330395488304Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Amplified interpretation of criminal law has a long history.Throughout its historyof development,we can see amplified interpretation of criminal law is an importantand difficult problem in the application of criminal law and the development ofcriminal law theory.It is said that amplified interpretation of criminal law isimportant,because to extend a hermeneutic usage whether reasonable’s relating to thepenal code settle principle and function of penal code can carry out;it is said thatamplified interpretation of criminal law is difficult,because to grasp the limits ofamplified interpretation is difficult,and if we pay little attention to it, amplifiedinterpretation is likely to change analogical interpretation.This result can not only leadto the defects of the development of criminal law theory,but also bring about thedeviation of direction when applying amplified interpretation in judicialpractice.Therefore,to develop deeply the rheories of criminal law and guide thehandling of specific cases in judicial practice,it is necessary to further explore andresearch the amplified interpretation.This article introduces the basic theorise ofcriminal law,and on this basis to analysis and explore its difficulties and key issues.There are about twenty-eight thousand characters in this paper.Except the prefaceand epilogue,the full text is divided into four parts:The first part,an overview of amplified interpretation of criminal law.This partmainly discusses the concept and the object of amplified interpretation.As well as,thispart introduces the amplified interpretation and analogical interpretation’s limit.Theauthor thinks that when generalizing the concept of the amplified interpretation,youneed to grasp the core of the problem is that amplified interpretation’s conclusionalways is beyond the literal meaning of criminal law,but it is still in the meaningwhat criminal law probably has.The object of the amplified interpretation is criminallaw,at the same tine,it need to consider the spirits of criminal law and the specific casefacts.About the amplified interpretation and analogical interpretation’s limit,theyaren’t distinguished with a single standard,but with a comprehensive standard which considers the legal text,the citizen predict a possibility,the modes of thinking.The second part,the theoretical basis and the necessity of the amplifiedinterpretation.The existence of amplified interpretation is reasonable.Because criminallaw terms has inherent limitations,and the amplified interpretation is the need ofproperly applying criminal law.As well as, the amplified interpretation is the need ofrealizing the unity of the two big functions of criminal law.In addition, the amplifiedinterpretation has its realistic necessity.It mainly includes:ensuring the stability ofcriminal law,developing criminal law and realizing the unity of the judicial activismand insisting the penal code settle principle.The third part,the basic position and the principle of the amplifiedinterpretation.Considering the two facts:to maintain the stability of the criminal lawand to enhance the social adaptability of criminal law,the author thinks that theamplified interpretation shoud uphold the objective interpretation position which iscombined with the reality of the development of the society.Because of theparticularity of the amplified interpretation,using it shoud not only abide by theprinciples of criminal law interpretation,but also its unique principles.The authorthinks that the unique principles are the principle of legality,the principle of rationalityand coordination principle.The fourth part,the limit of the amplified interpretation. Using the amplifiedinterpretation is not only restricted by the basic principles of criminal law especiallythe penal code settle principle but also restricted by its principle.The author thinks thatthe reasonable limit of the amplified interpretation is the combination of “the penalcode ruling may has most breadth meaning says” and “the citizen perdict a possibilitysays”.In order to prevent the amplified interpretation alienning the analogicalinterpretation,we must try hard from the following respects:improving judicialpersons’ professional level and occupational morality,enhancing the public’s legallevel and with the help of some typical cases.
Keywords/Search Tags:amplified interpretation, teoretical basis, the limit, the penal codesettle principle, analogical interpretation
PDF Full Text Request
Related items