Research On Authoritative Interpretation Of Criminal Law System

The application of criminal law can not be separated from its interpretation.The interpretation of criminal law is an important part of its theory in which case the research for it is of great significance. In this thesis, on the basis of the national conditions of China, the author will give a systematically discuss of the interpretation of criminal law to find the deficiencies and to clarify his own point of view so that it can help to perfect the system of criminal law interpretation in China.The introduction part introduces the origin of the problem through one case, and briefly describes the current situation of authoritative interpretation of criminal law.The first part is the theoretical basis of authoritative interpretation of criminal law. Through the introduction of the concept, necessity, and classifications of the criminal interpretation, this dissertation starts from the theoretical basis of authoritative interpretation of criminal law, including its relationship with criminal law, value goal, principle, object and the targets, in order to reveal the core connotation of authoritative interpretation of criminal law. The second part is the subject of authoritative interpretation of criminal law. The author starts from the history and the current situation and leads to existing dilemmas that subject performs authoritative interpretation of criminal law of Standing Committee of NPC, the Supreme People's Procuratorate and other non-authoritative interpretation of criminal law, through the introduction of the subject structure and the basis of existing authoritative interpretation of criminal law in China. The third part is the procedure and form of authoritative interpretation of criminal law. On one hand, the procedure of authoritative interpretation of criminal law is in close state for so long that there exist different extents of closure in the subject, formulation process, and post-supervision of authoritative interpretation of criminal law. Therefore, institutional guidance quality and insufficient protection of human rights are highlighted. On the other hand, through the explanation of the practice of authoritative interpretation of criminal law, authoritative interpretation of criminal law is in disorder on surface, which results in the fact that some authoritative interpretation of criminal law cannot be included into the system and the virtuous circle of authoritative interpretation of criminal law is impeded. The fourth part is the perfection of authoritative interpretation of criminal law. Based on the explanation of current situation of authoritative interpretation of criminal law and dilemma analysis in the above parts, combining with the value orientation in modified Legislative Law, and starting from curing perspective of screening, process, and form of subject of authoritative interpretation of criminal law, the author puts forward the operable ways to perfect authoritative interpretation of criminal law, which is that the interpretation of criminal law is performed by the Supreme Court, assisted by the Standing Committee of NPC. Meanwhile, the post-supervision system could be constrcuted by enlarging the participation of interpretation of criminal law. And finally the form of interpretation of criminal law could be further regulated, so as to promote the perfection of interpretation of criminal law, independence of legislation, and the establishment of legal authority.In the conclusion part, the author lets the readers comprehensively learn the interpretation of criminal law by analyzing every part of the paper in detail, and the author points out the problems and suggests solutions to put the interpretation of criminal law under the laws, so that the juridical practice can be better applied, and the authority of legislation and uniformity of law of China can be manifested.