The Basic Theory Of Legislative Interpretation Of Criminal Law Study

In modern Western countries, the power of interpretation of the law has also been seen as an important part of the legislative power. But to the modern, changing social situations, the soundness of the law has been a great test, objective interpretation theory gradually dominated in Germany, Japan and other countries, law interpretation of permissions, including both transferred to the hands of the judiciary the power to interpret the Constitution. Although world trend so, but China has still exists criminal legislation explained, this whether still can adapted China conditions, and existing of criminal legislation explained whether has necessary continues to exists and how on its for positioning and improved,, these problem are in test with legal people of wisdom, so has necessary on legislation explained of save waste of debate for analysis, and this based Shang, on legislation explained inner and external function for positioning, outline out China criminal legislation explained of basic function positioning, and achieved its in practice in the of further application.The outset, legislative interpretation is to clarify the meaning of the provisions of the criminal law by the legislature or conclusion. Here the legislature has a special meaning, which refers specifically to the national people's Congress, its committees powers of interpretation are also not available. And legislative interpretation is targeted, should be limited to the important principles of boundaries and some of the basic concepts in criminal law. This is because the authoritative Judgment (of a court)legal interpretation and legislative), it is impossible to solve all the disputes, such as disputes need to be resolved through legal changes, judicial interpretation of some differences need to solve, some specific problem you need to practice safe, so the scope of legislative interpretation should not be too broad.At present, to discuss the existence of legislative interpretation still remains controversial. Negation theory that legislative interpretation of shuttling between the interpretative provisions and judicial interpretations, if the explanations are repeated according to the literal meaning, it has no practical effect. Expanding or limiting the meaning of the provisions, it would be contrary to the legal requirements. Affirmation were of the view that the main duty of the legislature is the legislative, the original meaning of the law easier to understand only the legislature. The Constitution also gives lawmakers the right they have legitimate Foundation exists, so criminal law legislation that not only should but necessary. In practical terms, legislative explanation in the particular of its this is why legislative explanation of China's criminal law have increased in recent years.Although the legislative interpretation in the inevitability of the realities in the country, but according to the Constitution and the provisions of the legislation law, and legislative interpretation is not arbitrary. Legislation and legislative interpretation by the legal bodies of the same level, but it also determines the legislative interpretation should not be exceeded for the legislation, but only an explanation. Explanation attached to the legal texts, no effect level, to explain the negative text will explain to the root tree, so keep the attachment of legislative interpretation is critical. This dependence requires legislative interpretation cannot be beyond the scope of the context, both the General interpretation of the law. The other hand, the validity of legislative explanation are given their authority, but it should not be confused with independence.Because dependency and authority are intertwined, legislative interpretation for criminal law function setting must be prudent. Legislative interpretation of the "plain meaning" function is more precise and specific to penal terminology, not the creation of new legal norms. Required there principle differences between judicial interpretation ruling should also fall into this category. And legislative interpretation for "new" does not really refer to the literal cannot contain new things or new problems, but according to social development, social nature are included in the meaning of things.On the outside, legislation and judicial interpretations of the most overlap in functionality, and power are not the same. Both of them belong to explain, form a normative interpretation of criminal law in our country. Which is the relationship between ends and means, distinguish very simple on the surface:judicial interpretation in judicial activities encounter outward application of legal issues, articles of law and legislative interpretation is to further explain inherent significance. Simply put, legislative, and judicial quantitative. If legislation is ultra vires conduct of judicial interpretation, be reviewed at the legislature in time to start the relevant mechanisms. If approved, you will be in the form of legislation should be published without approval shall promptly correct.