The Boundary Of The Expansive Explanation And The Analogical Explanation In Criminal Law

From the macroscopic perspective, the focus of this case is that Zhang constitutes the major accident or the crime of causing death. From the microcosmic point of view, the focus of this case lies in how to understand "production and operation" and " safety management regulation" in the major accident. Therefore, the theories of the expansive explanation and the analogical explanation must be applied in order to understand them correctly. However, there is still a theoretical controversy on whether the expand explanation and the analogical explanation can be utilized as two kinds of explanatory skills of the Criminal Law.The thesis attempts to define the basic concepts, the applicable principles and the distinguishing criteria of the expansive explanation and the analogical explanation by analyzing their relevant disputes. And this thesis argues that the expansive explanation, contributing to discover the real meaning of the Criminal Law, should be allowed and properly adopted. Although some scholars believe that the analogical explanation should be allowed if it is beneficial to the defendant, it should not be fully promoted in the current legal environment. Furthermore, the distinguishing criteria between the expansive explanation and the analogical explanation are “the maximum meaning of penal provisions” and “the possibility of national prediction”, besides the unification of both should be obtained in the process of interpreting the Criminal Law.Finally, under the help of the relevant theories of the expansive explanation and the analogical explanation, the thesis explains "the production and operation” and "the safety management regulation" of the major accident for purpose of analyzing this case objectively and rationally.This thesis believes that it does not go beyond “the maximum meaning of penal provisions” and “the possibility of national prediction” if "business activities” is explained as"production and operation campaign”, which is defined as the expansive explanation. However,although it does not go beyond “the maximum meaning of penal provisions”, explaining “safety management protocol” as "safety management regulation" should be regarded as the analogical explanation and prohibited accordingly because it goes beyond “the possibility of national prediction”. Therefore, Zhang constitutes the crime of causing death instead of the major accident.The consequence of the court is of lawfulness and equity.