The Research On Application Of Criminal Principle In Interpretation

Law is structured by language and language fixed by text. Using fixed languageto judge variational reality is destined to result in the demand of interpreting law. Inone word, the interpretation of law is the understanding and employing of text whenjudges confront the difference between general regulation in law and diversifiedsituations in cases.According to the three levels from the interpretation principle to theinterpretation theory to interpretation methods, the thesis is trying to display theoutline of interpretation theory and expound four dimensionalities the interpretationprinciple will encounter in criminal interpretation.The first chapter describes the possibility of applying the criminal principle ininterpretation. Firstly, the concept and characteristics of criminal interpretationindicate the difference in nature between criminal interpretation and otherinterpretations, whose conservative inclination accord with the inner principle ofcriminal principle; the target and choice of criminal interpretation articulate the firstpriority of objective text and the uncertainty of legislation purpose, indicating thedemand of restrictions and guidance of criminal principle based on the unbridledinterpretation for criminal law; the evolution and methods of criminal interpretationdemonstrate the accumulation and deficiency of the interpretation theory. While thelack on researching interpretation methods leads to the need of applying criminalprinciple, the research achievements of interpretation methods also provide tools forapplying criminal principle. The second chapter analyzes the necessity of applying criminal principle ininterpretation. Firstly, the true difference between the formality interpretation and thesubstantive interpretation is not so much the judge sequence from criminal illegalityto substantive illegality as the whether adhere to the standpoint of strict interpretationin the state of judging illegality, which reflects the understanding towards theprinciple of legality and transfers to the controversy on the understanding andapplication on principle of legality. Secondly, the priority between “constrainingpunishments, ensuring human rights” and “punishing crimes, protecting legalinterests” represents two directions on understanding and applying principle oflegality and then accordingly involves the debate about criminal interpretationmethods. Finally, the analysis of vertically and horizontally level of the criminalinterpretation manifests the demand of receiving the restriction and guidance ofprinciple of legality.The third chapter discusses the effectiveness of applying the criminal principle ininterpretation. According to the sequence from the idea to the theory to the method,the chapter firstly emphasizes that we shall establish the modern criminal idea of“constraining punishments, ensuring human rights” and insist the “pro defendantdoctrine” which represents the spirit of the principle of legality from the perspectiveof history and reality. Secondly, the chapter modifies the formality interpretationtheory by pointing out the fact there are integrative relationships between formalityand substance, the application of criminal interpretation methods is the process ofexploring the meaning of the formal article. Finally, the chapter emphasizes on listingspecific application of interpretation methods guided by principle of legality.