Restrictive Interpretation Of Criminal Law

Provisions of Criminal Law is abstract, in the application of Criminal Law, in order to realize the intention of legislator; it is necessary to interpret Criminal Law. At times, only expanding the meaning of terms of Criminal Law can we apply it correctly. But sometimes, restrictive interpretation is necessary so as to apply Criminal Law accurately. In practice, with respect to provisions of Criminal Law,whether is restrictive interpretation necessary and how to rationalize explaining result is still controversial in academic and practical departments. Restrictive interpretation have function of decriminalization, it is good for protection of human rights. In return, it is not good for guarantee of social order. The theoretical circle has not a comprehensive system of research about narrowed interpretation. Practice is in a mess because of proper explanation. To promote the development of judicial practice,we need to further study of restrictive explanation of Criminal LawThis article sets out from the sentence of restrictive interpretation and clearly defines it by contrasting and summarizing various ideas. On this basis, the author starts from the characteristics of statute law emphatically discussed the probable cause of restrictive interpretation.meanwhile,the author discusses the realistic value of restrictive interpretation from different angles of ensuring correctly applying of Criminal Law and promoting the stable development of the Criminal Law and implementing mutual unification of active justice and the principle of legality.The paper is base on it. Restrictive interpretation is not freewheeling. Principle and thelimit of restrictive interpretation are in the second part. The author elaborates the principle of compatibility of crime, legal principle and rational principle by the way of case demonstration. The author concludes that the theory of crime stereotypes is the limit of restrictive interpretation.Everything has an exception; there is no viewpoint which can include everything. The author hasn’t excluded probable meaning of language and national predictions of probability. After all, the world is changing all the way. The theory service the practice. The third chapter is the core of this article. It includes thinking path and rational thinking about the conclusion of explanation, specific application of restrictive interpretation. we have to do following things so as to get right limited explanation. Firstly, consider coordination of provisions of Criminal Law. Secondly, pay attention to mutual unity of form and substance.Thirdly, experience difficult problems, make comprehensive judgment.The author hopes that this article can offer some referential suggestions for the correct use of restrictive interpretation and ensure the realization of function of Criminal Law.