Research On The Basic Relationship Between The Principle Of Legality And Judicial Interpretation Of Criminal Law

The judicial interpretation of criminal law, is refers to the country the highest judicial authority in the process of criminal justice process, legal interpretation of criminal law meaning, purpose, principle etc.. On the goal of interpretation of criminal law theory main subjective theory, objective theory and compromise theory. In order to implement the principle of legality, in criminal law judicial interpretation process should adhere to the subjective theory of interpretation of criminal law and the target. At present, no matter in the concept level or the practice level, there are different levels of conflict between Chinese judicial interpretation of criminal law and the principle of legality. In order to eliminate the conflict, should be through the implementation of the principle of rationality and autonomy and predictable principles of judicial interpretation of criminal law set limits, and strictly limit the unauthorized explain.In order to implement the principle of legality, criminal judicial interpretation of criminal law should follow the priority principle, security principle, attachment can predict principle, clarity principle, the principle of modesty principle. Carry out the principle of legality in judicial interpretation of criminal law, but also need improve the literal interpretation status in the process of interpretation, the literal interpretation as the core of the interpretation of criminal law interpretation method to treat, the other interpretation methods such as systematic explanation method interpretation, historical interpretation, teleological interpretation as a literal interpretation of the auxiliary method. Auxiliary method of interpretation anyway also not exceed the meaning of criminal law.At present, our country’s judicial explanation of criminal law more confusion, not only include the Supreme People’s court and the Supreme People’s Procuratorate, the Ministry of public security, also includes the Ministry of justice, the General Administration of customs and other organizations, and even the provincial judicial authorities in certain range also make local judicial interpretation. In order to effectively implement the principle of legality, should be strictly put an end to the "two high" outside of the departments and organizations to make the subject of judicial interpretation of criminal law. Although the National People’s Congress Standing Committee have the right to supervise the supreme judicial organ judicial interpretation activities, but relatively weak supervision. In view of the judicial interpretation of the criminal law on the crime punishment legal principle to carry out the important significance, it shall formulate a "judicial interpretation of law", in order to standardize and supervise the judicial interpretation of criminal law.