Interpretation And Application Of The Clause Of "According To" In The Criminal Law

" According to ", which is often used as an authoritative laws, regulations,treaties, regulations text, is the most common legal terms, and a different from the technical language of everyday language?It has highly authoritative, systematic and solemn, accurate, stylized features. This paper attempts to semantics and pragmatics theory to study the clause of " according to " in the criminal law?and the meaning of the terms of the in-depth analysis and detailed induction.First of all, by the criminal law, "Qin Lv eighteen kinds", "Decrees","TangLvShuYi" as well as the Republic of China relating to "according to" and similar words collate and analyze, to understand the historical evolution of "according to ". Through semantic morpheme analysis further understanding of the meaning of "according to". From "by" and "shine" morpheme analysis to compound words "according to" Semantic analysis, as well as the clause of " according to " the criminal law in the feature. On the basis of understanding the basic meaning of the word, and then according to the development of the semantic field of comparison with similar words, in order to its accurate use in the provisions of the criminal law. By the words and sentences, according to the syntactic analysis will once again "in accordance with the provisions of the classified, according to the center words in syntax, legal provisions is divided into" constitution of a crime + + penalty constitution of a crime and in accordance with the + charges "and other types in accordance with the, determined by the center word, clear provisions in the specific provisions, in order to solve the judicial practice provisions apply fuzzy problem.Second, the use of the second major knowledge of linguistics to analyze the anatomy of the criminal law "according to" and the clause of " according to ".Through " according to " the terms with the criminal law context to analyze the first section. Including internal criminal law context and external context. " According to "clause by establishing associations between different terms to build the internal context of criminal law. In criminal law outside the context of, first clear the discourseexplicit meaning and implicit meaning, then use the speech act theory of pragmatics."According to" is a legislative language, according to speech act theory, including the speaker, listener and verbal content of three elements. The speech act theory is applied in the " according to " provisions, to the criminal law of the People's Republic of China article 267 liability article, paragraph 2 of the provisions as an example and draws a conclusion that the in accordance with the "relevance in terms of internal context and external context. In the second section, mainly introduces " according to "logical interpretation in terms of uncertainty. "In the fifth paragraph of article 180 th of criminal law of the People's Republic of China" as an example, through the two views to find the logical relationship between the existence and analysis in terms of doubt.Then appear on the phenomenon are analyzed according to the legal sub culture. The so-called legal sub culture, can be understood as a unique way of reasoning and behavior of people around the legal occupation situation of legal logic. From the sub culture from the perspective of the legal person is different and the legal occupation of people. In the third section, firstly the application of pragmatic discourse analysis and cooperative principles of " according to " provisions of the judicial context analysis.Discourse analysis research object is generally defined as "anything other than the sentence", that is to clarify the implied meaning of the utterance, using discourse analysis to clarify the implicit meaning of "according to" provisions of the.Cooperative principle is the main principle of discourse analysis. The four maxims of cooperative principle as the theoretical basis, to the criminal law of the People's Republic of China the 238 a crime of illegal detention, for example. Analysis four criteria and Conversational Cooperative principle embodied in the judicial. In consideration of the problems at the same time that "according to" discourse of negotiability and adaptability. "According to" not lying in the law on the text, but use and selection in the process of topology. The speaker and the interpreter role in the interpretation of the crime of illegal detention clause "according to" found true meaning.Finally, according to judicial practice encountered "according to" the word brings fuzziness analysis.. First reviewed various issues of judicial practice "according to"cause" applicable encountered, and the "People's Republic of China Criminal Law"Article 179 practice fraud and Article 266 fraud provisions apply for example, the different opinions of judges, lawyers and scholars to sort out, and made a personal opinion. In the second section for more debate that is deemed to have committed sixty-nine Transformed Robbery analysis. Mainly based on the November 22, 2000 Supreme People's Court "on the trial of a number of robberies legal interpretation of the specific application" in the first and the 2005 Supreme People's Court "on the trial of robbery, snatch criminal cases using a number of legal opinions" reference to"conversion robbery" provisions content analysis. Through comparative analysis, we found that legal provisions exist fuzziness. I believe that the law does not specify a"Transformed Burglary" crime constitution. In this regard, also we made personal recommendations, we want to help the judicial practice. Section III Consideration by the recent crackdown continues, the phenomenon of trafficking is also constantly triggered, and to analyze the "People's Republic of China Criminal Law" Article 241 Section Five. And put forward their views and recommendations "according to"the connotation meaning to reinforce the authority of the provisions of accuracy. Final consolidation "according to" reasonable and necessary provision in criminal law exist.