Discussion On Rational Expanding Interpretation And Analogical Interpretation

The overall thesis is divided into four parts.The first part summarizes and analyzes the debate of scholars between rational expanding interpretation and analogical interpretation;The second part redefines rational expanding interpretation,analogical interpretation,as well as other relevant concepts,clarifys their respective meanings and concludes that both rational expanding interpretation and analogical interpretation belong to legal interpretaion,analogical interpretation is one of the reasons for interpretation of law,and rational expanding interpretation is about conclusions of interpretation of law.The conclusion of analogical interpretation could be rational expanding interpretation,flat literal interpretation or narrow literal interpretation;The third part points out that the root cause of debates between rational expanding interpretation and analogical interpretation is due to a misunderstanding of scholars on the boundaries of interpretation of criminal law.The key to limitation of interpretation of criminal law is not about the distinction between rational expanding interpretation and analogical interpretation,instead,it must return to the issue of interpretation of criminal law itself,the author analyzes the theories and practices of the principle of crimes and punishment stipulated by law in China and Germany,and makes a complement to the possible meanning of the interpretation of criminal law from the perspective of philology,proposing that we can extend the meaning of the text to fill up legal loopholes;The fourth part further elaborates the author's claims by analyzing a number of practical issues.