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On The Expansion Of Criminal Law Interpretation

Posted on:2015-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:W D LiFull Text:PDF
GTID:2296330431457011Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal law in the interpretation of criminal law is an eternal topic, but also the criminal law of a problem.The expansion as a way to explain the interpretation of criminal law, it is a problem of criminal law interpretation.How to distinguish between interpretation and analogy to explain the expansion? How to grasp the limits of expansion to explain?These issues directly related to the function of the criminal law can be achieved. Research on this issue is of great theoretical and practical significance. Reflections on a criminal law interpretation, the paper starting from the basic theory of criminal law, trying to explain the expansion of the criminal law to make a more in-depth study.This paper consists of three parts.The first part, explain the expansion of criminal law overview.Mainly on the expansion of criminal law interpreted in accordance with the classification, principles, rationality and other issues.These are related to the interpretation of the basic issues of criminal law, criminal law is explained in any study of people are inevitably problems.Discussion of these issues, so we have to explain the expansion of a macro grasp; second part, explain the expansion of the legal principles of criminal law and crime. This section follows the main argument of the principle of legality is interpreted to expand the premise, and the expansion of the boundaries of interpretation and analogy to explain the distinction made certain; third part, explain the expansion of the limits of the criminal law. Based on the study of criminal law and foreign scholars to explain the expansion of the above, the author put forward their point of view."Comprehensive standard says," raised also the most important value of this article.Contribution of this paper is that starting from the basic theory of criminal law, proposed a "comprehensive standard says," to "comprehensive standard says," interpreted as expanding the limits of the standard. Those who meet this standard is to explain the expansion of explanation, on the contrary, do not belong to the expansion of explanation may be explained by analogy. I hope this can provide some reference standard criminal law interpreter.
Keywords/Search Tags:Expansion explained, Of legality, Limit
PDF Full Text Request
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