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The Literal Interpretation Of The Criminal Law

Posted on:2016-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:C LiFull Text:PDF
GTID:2296330479477698Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Although the literal interpretation of criminal law in our judicial interpretation of criminal law practice is often used, but also in academia has been a lot of discussion on the theoretical basis of its existence but did not pay sufficient attention to the criminal law theory. In fact, the literal interpretation of criminal law is based on the statutory basis of democratic rule of law and crime above. Inclusive democracy embodied the spirit of the literal interpretation of criminal law provides a breadth of interpretation, and to limit the role of the rule of law was literal interpretation of criminal law provides a reasonable limit; as the core principles of criminal law Legality, for the criminal law article provides a literal interpretation of the use of institutional requirements that must comply with the requirements of the criminal law itself, but also to meet the needs of social development.Literal interpretation of criminal law to explain their position and explain the objectives of scholars has been controversial. In fact, each has its doctrine of reasonableness. Explanation of the requirements in the form of stand literal interpretation of the results of the criminal law to comply with the requirements in the form of criminal law, and the position of the more substantive interpretation of the substantive requirements of criminal law emphasizes literal interpretation of the results. On target to make an objective interpretation of the literal interpretation of the use of the criminal law is more inclined to meet the objective reality that can make criminal law with the times; and subjective interpretation on the goal to make the criminal law to be interpreted in more stable times. Literal interpretation of criminal law doctrine should absorb the strengths of each to make it more perfect in the application process.Literal interpretation of criminal law relationships with other methods of interpretation has been much academic attention. Because of this relationship often deal directly determine the interpretation of the results, so some scholars have proposed a theory to explain the method of rank that some way should be interpreted as the first standing order. In fact, any kind of methods to show an idea, thought no ranking points, the method is only suitable or not. For the benefit of any of the methods can be applied, as long as they comply with the requirements of the rules and regulations. Found in the context of criminal law is not confined to criminal law, the context from life. Using a variety of methods used to find the meaning of technical terms and in terms of criminal law, we should consider their professional and habitual characteristics, and should be properly breakthrough.
Keywords/Search Tags:Criminal law, Literal interpretation, Theoretical basis, Explanation of position, Explain objectives, Specific implementation
PDF Full Text Request
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