The Judge Explained In Theory Of Criminal Law Applicable

The purpose of criminal law is to uphold human rights, crime eventually maintain social stability. Justice is the basic value pursuit of criminal law, individual justice is the basis of the criminal law of the right and the application of the criminal law is essentially the abstract norms of criminal law in the process of concrete practice. Inevitably produced in the process of applicable criminal law f-or the interpretation of the criminal law, this article discussed the judge interpretation refers to the norms of criminal law, criminal in specific cases in order to apply to the judge to explain the main body, including the criminal law norms penal code, separate criminal law, the accessory criminal law and criminal legislative interpretation, judicial interpretation and so on, to explain the interpretation of the object.This article is divided into four parts, the first part introduces the necessity of the judge explained in criminal law applicable,mainly starting from the present situation of the judge interpretation, analyzing the imperfection of law itself, the case for the needs of the fairness and justice,and promote the continuous improvement of the criminal legislation and judicial demands affirmed the judge explained the necessity of the reform.The judge interpretation has the necessity on the basis of analyzing its feasibility, for the theory and practice to establish the judge interpretation system lay the foundation; and from two aspects of theory and practice the judge explained the specific methods are introduced. In theory, the judge explained mainly divided into liberal arts and logical interpretation two big aspects, arts and explain the literal meaning interpretation according to the specification, had a different logical explanation theory point of view, in this part briefly de -scribed one by one and evaluation; Practices, and lists the specific case to clarify in the case of the different judge explain the concrete application of method and the method of using different.The paper introduces the applicable criminal law explanation should be restricted, there are mainly purpose, basic principles and concrete system of the criminal law constraints. Finally, for the establishment of the judge interpretation system in our country criminal law applicable proposed his own point of view, analyzes the premise condition and the system need support.