On The Limitation Of The Criminal Law’s Explanation

Criminal Law explanation should be the premise before we apply the Criminal Law into real life, there will be explanation of Criminal Law as long as The Criminal Law exists. With the development of China’s construction of the rule of law, a large number of real-life issues become object of the criminal regulation, so the introduction of the Criminal Law Amendment will be produced consistently, so will be the criminal law explanation. And contrary to the spirit of the criminal legislation interpretation of criminal law, criminal law beyond judicial interpretation to explain a great privilege, "Justice Act" trend, decided to explain the limitation of the study of criminal law is imperative. Amended to establish a comprehensive standard which take the Corrected Crime Finalization as the core, said the effect of said criteria, the conflict between law and criminal law to explain mitigating criminal law, criminal law to limit the spread of a certain explanation positive significance.The first part focuses on the limitation of the criminal law’s explanation, the characteristics and fundamental basis. The limitation of the criminal law explanation should meet the specific, objective, and accurate extent, it has the value of scale inherent normative, with the objective to determine the amount of quality uniform and other features. The basic requirements of the principle of Conviction and Penalty given its theoretical basis and the fact which Legislative interpretation violated the spirit of the legislation, the judicial interpretation of the ultra vires and the status of flooding given its practical basis.The second part, respectively, to elaborate and assessment on the views "Possibility of National Forecasting", "Norm Meaning", "Crime Finalization", to determine the limitation of the criminal law to explain in clear advantages and disadvantages of each theory, based on the criteria:a comprehensive standard which take the Corrected Crime Finalization as the core.The third part describes the specific rules of the limitation explanation. First, we must grasp the essence of crime stereotypes. We must grasp the essence of the crime of stereotypes from the fact that the nature of the specification type, and then return to the fact that the nature of the type of the specification. Second, the scientific method should be applied to explain the criminal law. Finally, balance the form and substance of the rule of law.The fourth part, describes the use of the limitation explanation. Firstly, describes the limitation of the criminal law’s explanation in illegal business. To regulate the type as the core, and not related to the behavior of market access exclude the crime of illegal business. Second, explain the applications of the limitation of the criminal law’s explanation in the public safety hazard. To regulate the type of crime at the core, specifically applicable conditions endanger public safety, crime, and strictly limited to "public safety" range, so as to curb the dangerous flood counts of endangering the public safety of the status quo applies.