Not Really Not As A Crime Of Legal Interetation

Theory advocates from the literal meaning to explain the form ofconstitutive elements of crime the formal interpretation of criminal law, the scope of judicial power can be righteous in the articles of the criminal law in the article, not have serious social harmfulness but not criminal law provisions of the act recognized as crimes, guarantee has been identified as a crime behavior is a violation of criminal law, to meet the requirements of the concept of crime form surface. However, the only from literral meaning form to explain the constitutive elements of crime the formal interpretation of criminal law, and can not guarantee that the constitution of a crime social hazardous nature elements reflect to punishable by penalty degree, may cause will not have a penalty behavior to recognize for the crime.On the substantial interpretation of criminal law, which can not only satisfy the form of our country’s unity of form and substance of the crime concept feature requirements, and can meet the requirements of the concept of crime substantive characteristics of the unity of form and substance, for not really not as a crime but a variety of more desirable interpretation.