Research Of Restrictive Interpretation In The Criminal Law

As a method of interpretation of the criminal law, Restrictive interpretation 's correct application is not only conducive to the maintenance of stability, promoting the development of the criminal law, but also contribute to the realization of criminal justice. At the same time, its wrong application will violate the principle of legality. It will not only go ill with the protection of the legal interest of the criminal law, but also count against the protection of human rights. There are many problems on application of the restrictive interpretation in the Legislative interpretation and Judicial interpretation in our country. Such as inappropriate and excessive use to the restrictive interpretation. But the related research on the restrictive i nterpretation is scared. So it's critical to conduct the system study on the restrictive interpretation in the criminal law. To solve the above problems, firstly we should strictly abide by the principles and the limits of restrictive interpretation. It is critical to grasp the two basic principles of the restrictive interpretation from the macro view which are the limits of legality and rationality. On this basis, to clear the application condition and standard of the restrictive interpretation. Only the l iteral meaning of the criminal law was impertinence, the restrictive interpretation can be used to explain. Only to meet the legitimate purposes and not beyond the limits of national forecast, can the interpretation be reasonable. Only by removing the irra tional interpretation, the restrictive interpretation will meet the legal principle of crime and punishment. Secondly, according to the concrete problem to find some solutions. In order to solve the problem of the inappropriate use of restrictive interpret ation, we should strengthen the auditing routine of the criminal law 's interpretation to reduce the occurrence of improper application. To limit the excessive use of the restrictive interpretation, we should construct the supervision system of the criminal law's interpretation. To the case of should be use restrictive interpretation in the criminal law, we can set up a specialized research institutions. It can timely collect related problems which should be use restrictive interpretation through a variety o f ways.