Skptical: Legislation Trend Of Judicial Interpretation Of Criminal Law

“Legislation trend of judicial interpretation of criminal law” stands out in thefield of judicial interpretation of criminal law. Judicial interpretation of criminal lawmakes up the defects of the criminal law provisions, avoid the criminal law provisionscan not adapt to the new crime situation. But there is a legislation trend towardsjudicial interpretation of criminal law, this trend brings negative influences to the thecriminal law and the criminal justice activities. Through the analysis of the definitionof “legislation trend of judicial interpretation of criminal law”, This article beginswith trying to confirm the logical starting point of the research, and question“legislation trend of judicial interpretation of criminal law” on the basis of itsobjective performance, and eventually puts forward possible resolving measures.The preface outlines the research status and research significance of the“legislation trend of judicial interpretation of criminal law”, in addition to the preface,this article is divided into four parts:The first part is the overview. This article starting from the definition of“legislation trend of judicial interpretation of criminal law”, and affirmed theimportant role of judicial interpretation of criminal law in our criminal law system.This article puts forward the opinion that the research of “legislation trend of judicialinterpretation of criminal law” should be free from preconceived prejudices. Researchshould base on the practice of judicial interpretation of criminal law. Therefore thejudicial interpretation of criminal law plays complementary, flexibility, restrictiveroles. So necessity of judicial interpretation of criminal law shall be recognized, and prejudice (legislation trend of judicial interpretation of criminal law is a sick andtwisted phenomenon) shall be abandoned.The second part is the conclusion of the objective performances of “legislationtrend of judicial interpretation of criminal law”.“Legislation trend of judicialinterpretation of criminal law” is a kind of objective existence. The objectiveperformances of “legislation trend of judicial interpretation of criminal law” is: In fact,judicial interpretation of the criminal law is much more frequently used thanlegislation, but the arrangements are alike; On content, the judicial interpretation ofcriminal law beyond or contradict the norms of criminal law; On effects, judicialinterpretation of the criminal law has general applicability, and is uesd as a basementof the judgement.The third part focuses on the specific questions of “legislation trend of judicialinterpretation of criminal law”. According to the article, the large scale of judicialinterpretation of criminal law undermines the unity of the criminal law. As can beseen the content of the judicial interpretation of criminal law and the task of judicialinterpretation of the criminal law should not be “creation”. Beyond the text ofcriminal law is the norm of “creation”. The “creation” violates the principle of legallyprescribed punishment. In addition, a large number of normative judicialinterpretation of criminal law brings some problems which needs “explain”,“explaining” the “explanation” became a vicious circle in the judicial interpretationactivities.The fourth part is about the resoluions of “legislation trend of judicialinterpretation of criminal law”. According to the article, to resolve “legislation trendof judicial interpretation of criminal law”, on one hand, we should take measures toadjust the size of the judicial interpretation of criminal law.; on the other hand, theinterpretation system centering on the judge should be gradually established, toaccomplish this we need improve the professional quality of the contingent of judges,standardize the judge’s interpretation activities, ensure the independence of thejudgement, and build the case guidance system.