Study On The Substantial Interpretation Of Criminal Law

In the interpretation of position on criminal law, there is a contradiction between the the formal and substantial interpretation theory. The theory about substantial interpretation advocate that the interpretation on criminal law shall base on the legal interest and the necessity of punishment except the formal meaning of the criminal law, in order to make the interpreted conclusions proper, reasonable and substantive justice.Positioning is the beginning of the study on one legal issues,so in the study of the theory about the substantial interpretation on criminal law,we should solve the problem of the positioning on the substantive interpretation on criminal law at the first step.After context and function positioning,we can get two conclusions,the first one is the theory about substantial interpretation on criminal law shall position on the modern meaning in the context;the second one is the theory about the substantial interpretation on criminal law act on the constitutive elements,the constitution system of crime and the penal code.After the positioning of the substantive interpretation of criminal law,the next step is defined the basic contents of the substantial interpretation theory of criminal law.For this question,we can do from the basic view and basic ideal of the theory about the substantive interpretation on criminal law.In particular, the basic view of the theory about the substantial interpretation on criminal law is that the theory should be run through the whole constitution system of crime under the guidance of legal interest,and we can do some appropriate expansion of interpretation to make the make interpreted conclusions proper, reasonable and substantive justice.Besides,the basic ideals of the theory about the substantial interpretation on criminal law can be divided into three aspects:first, the principle of “nullum crimen sine lege,nulla poena sine lege”has both the formal and the essential aspects,it is the red line of the substantial interpretation on criminal law;second,the objective interpretation of criminal law correspond to the substantial interpretation on criminal law;third,the teleological interpretation does not violate the the principle of “nullum crimen sine lege,nulla poena sine lege”,and it has a natural affinity with the substantial interpretation.The research of the theory is for the application in practice.According to the reality of our country, the realization of the theory about the substantive interpretation on criminal law is necessary and feasible. In particular, the substantive interpretation on criminal law has the necessity in our country, the application of the criminal law, the guarantee of the stability of the criminal law and the realization of the function of the criminal law all need to explain criminal law substantively.Besides, the realization of the theory about the substantive interpretation on criminal law is feasible in our country, no matter the concept of crime, crime in our country on the system, or the interpretation of criminal law and the present situation of criminal legislation and judicial interpretation of the current are compatible with the substantial interpretation on criminal law.After analyzing the above problems, how to realize the substantive interpretation of criminal law?For this question,we can solve from two sides.Fiestly, in the specific implementation path, the substantial interpretation on criminal law should be guided by the legal interest,and value the human rights guarantees.Secondly, in order to deal with the risks in the procession of interpretation,such as the interpreted conclusions violate the the principle of “nullum crimen sine lege,nulla poena sine lege”,it is better to pay attention to the argumentation in the process of interpretation, arrangement of the methods of the interpretation of criminal law reasonably, apply criminal case guidance system and so on.