| The Prosecutors interpretation of Penal code application in the stage of review andprosecution,is a course of that the prosecutor makes criminal case relate with law applicationby his own understanding and explanation.Now legal interpretation in China refers tolegislative interpretation,judicial interpretation and academic principle except for theProsecutors interpretation,is caused by mechanism of legal interpretation of our country.Butmost of all we need in the stage of review and prosecution is the explanation of the specificcriminal case,which should change according to the development of the times.On the onehand, there are plenty of shortcomings in judicial interpretation,as the abnormality of ourexplaining mainstay,the complex explanation and so on.On the other hand, all judicialinterpretations are abstract.Therefore,the author suggest that we should build Prosecutorinterpretation in the stage of review and prosecution as soon as possible. The author attemptsto elaborate the prosecutors interpretation applies to the Criminal Code and their associatedprotection of the system, so that our criminal law and concerns about this research cancontinue and the regime can effectively play a role in the stage of review and prosecution oneday.This paper make an attempt to discuss the the reasons,basicposition,effectiveness,problems and measures of Prosecutors interpretation to build,with abeginning of the analysis of mechanism of legal interpretation of China at present.The firstpart of the thesis introduce the reason of Prosecutor interpretation to build in our country,thusto examine two points:the necessity of Prosecutors interpretation and the basis of prosecutorsinterpret system has been found in China.The Prosecutors interpretation should becomereality because of basis.The second part discusses the basic position should be stood inProsecutor interpretation.To definite the basic position,or to say the standard that should befollowed,is very necessary in the establishing prosecutor interpretation system.There are twotheories explaining the position of prosecutor interpretation:subjectivism and objectivism,thateach method has advantages and disadvantages.In order to make the proper prosecutorinterpretation,on the basis of the reality of China,subjectivism must be combined withobjectivism in the course of prosecutor interpretation.The third part briefly expounds the effectiveness of Prosecutor interpretation from internal effect and external effect.Manyresearches by the author who believes that the legal interpretation of the prosecutor, not onlyhas an external independent (i.e., independent of the trial court’s interpretation), but also hasan internal independent (i.e., independent of the Attorney General Directorate higher). Legalinterpretation of the prosecutor is a completely independent powers.Lack of institution guarantee every a system to establish is castle on the air.Only theprosecutor interpretation in the stage of review and prosecution has protection from thesystem level to be able to truly play its due role,so the fourth part analyses the currentsituation,blemish and institution of Chinese prosecutor’s interpretation.Due to a seriousshortage of institutional guarantee to the Prosecutor interpretation，it must be changed thatprosecutor interpretation succumbed to judicial interpretation.Then our procuratorial organsshould provide independence for prosecutors.Finally we should establish the ensuring systemof Prosecutor interpretation.The conclusion summarizes the point of the paper on the basis ofthe study above.Penal Law can not be achieved unity between the legal and social effects withoutexplanation, in order to achieve unity between the two states, the prosecutors should be giventhe right to interpret criminal law at the prosecution stage.Therefore, we must put theProsecutors interpretation of Penal code application in the stage of review and prosecutiontomore in-depth study.The Prosecutors are required to play an active role in the judicial process,to use their professional and intellectual nature of a solution.Only then can prosecutorsunderstand better the true meaning of the law,contribute better to the stability of society. |
