Study On The Criminal Law Teleological Method Of Interpretation Based On Legal Interest

Legal interest interpretation means the criminal law teleological method of interpretation based on legal interest,it takes protecting legal interest as the purpose of criminal law,and takes legal interest as the core of interpretation.This interpretation method requires that when we interpretating the constitution of a certain crime,we must make sure that its behavior violated legal interest criminal law pretends to protect,so that the purpose of criminal law can be achieved.To begin with the study of the criminal law teleological method of interpretation based on legal interest,we have to understand what is the purpose of criminal law in the research scope of teleological method of interpretation.There has been a debate over the standpoint of teleological method of interpretation between subjective theory and objective theory,and the objective theory wins out,but the problem of purpose complication had't been solved.Through a historical investigation of the concept of legal interest,we find that the criminal law teleological method of interpretation lacks of a standard to discriminate crime from non-crime,and so does this crime from that crime.But because of legal interest's interpretating function,it provideds more a specific and optional standard for criminal law teleological method of interpretation.Legal interest interpretation has both restriction function and expansion function,and also has an purpose direction effect on objects interpretated.Legal interest interpretation can find out the meaning one word could have furthest,but it has restriction function as well,it gives out the judgment concerning crime or non-crime by an act violate legal interest or not.Through the purpose direction effct of legal interest,we must make sure that its behavior violated legal interest criminal law pretends to protect,so that the purpose of criminal law can be achieved.Because of legal interest interpretation's expansion function,it has the risk to be interpretated excessively,so we must do it under the rules.The interpretation rules of legal interest interpretation requires that we must follow the crime legal rules,and examine the literal interpretation by the legal interest conclusion,when there are more than one Conclusion,we must pick up the legal interest interpretation,what's more,the transition of the criminal policy toward rule of law must be examined by legal interest interpretation,so that we can avoid the analogical interpretation.Legal interest interpretation also faced with the challenge of preventive criminal law,which is based on theory of violating norms and aimed at preventing crime,because of this,legal interest interpretation should guard safely in the preventive criminal law.We should insists on taking the theory of violating interst as the core of interpretation,only in this way can we achieve the purpose of criminal law,and make the right interpretation.Legal interest interpretation demands interpreters must follow the principle of personal responsibility,and stick to the theory of modest proposal when we inflict punishment.It's the legal interest interpretation that gives out the the judgment concerning crime or non-crime.