The New Theory Of The Limitation Of The Criminal Law’s Explanation

The limitation of the criminal law’s explanation refers to the farthest distance and thebiggest scope that the interpretation of criminal justice can reach and its main contentsinclude the limit of the criminal law’s expansion explanation, restriction explanationand the distinguish between the criminal law’s explanation and legislation. The legalbasis of the limitation of the criminal law’s explanation is the principle of legality andits realistic basis is the confusion in current judicial interpretation and application inour country. The key to solve the problem in the limitation of the criminal law’sexplanation is the certainty of the limitation’s standard. For this problem, there areseveral different theories in criminal theories’ circle, such as the theory of contextrange, the theory of the probable predict of ordinary people, the theory of crimestereotypes, the theory of amendment of crime stereotypes and the theory of obviousunexpected sense, etc.It should be said that to discuss these theories are very valuablefor us to certain the standard of the limitation of the criminal law’s explanation.However, through the analysis of its contents, meaning and defects we can find thatthese theories are hardly to be the standard of the limitation of the criminal law’sexplanation. In fact, the greatest significance of the limitation of the criminal law’sexplanation is that it provides a rule for explanation which is reasonable in internaland legal in external. To discuss the problem from the place which is more pragmaticor more facilitate for judicial application is a more desirable direction. We shouldconsider that the meaning of criminal rules is different from the meaning of penalprovisions in dictionary. Only an accurate understanding of the nature and purpose ofeach criminal rule can interpret criminal law accurately. As an important part of theinterpretation of the criminal law, the limitation of the criminal law’s explanationshould be constricted by the special nature and purpose of criminal rules. Thus, thestandard of the limitation of the criminal law’s explanation can be expressed as thetheory of standardized nature based on infringement of legal interests. There are twocore elements in the theory of standardized nature: infringement of legal interests andstandardized nature. Infringement of legal interests is the first hurdle to explainwhether the acts are crime. Only there is infringement of legal interests can be crimeand heavy infringement of legal interests can be felony. However, it’s not all theactions with infringement of legal interests that can be called crime, which should beinspected by the second hurdle that is called standardized nature. Standardized nature refers to the essential meaning and attributes of criminal law which can distinguishcrime and not crime, this crime and that crime. We can consider standardized naturefrom the follow factors: first, standardized nature should reflect the nature andpurpose of criminal law and which can confirm and explain each other; second, theindividual understanding of criminal law should combine with the whole criminal lawsystem and conformity with it; third, understanding of the nature of the criminal lawshould conform to the social development actual situation and reflect the particularityin criminal rules. In short, any acts that only posse’s substantive reasonableness of theinfringement of legal interests and form incrimination of the standardized nature canbe called a crime of criminal law.