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Criminal Judicial Interpretation Paradigm Orientation

Posted on:2017-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:W B LiFull Text:PDF
GTID:2346330485997941Subject:Criminal justice
Abstract/Summary:PDF Full Text Request
As an important guide our laws applicable provisions of judicial interpretation in overcoming the normative abstraction and ambiguity, regulation of the exercise of judicial discretion, to ensure uniform implementation of the rule of law, guarantee justice in such cases has played a huge role. However, the criminal law and judicial interpretation of criminal law norms whether to implement a seamless system and content of the conviction and sentencing of judicial interpretation provides standard operational presence or absence, presence or absence of standards proposed sufficient empirical basis and rational basis, from time to time lead to theoretical and controversial practice field. In recent years, with the rapid application of network technology in all aspects of social life, the protection of freedom of expression in cyberspace and the rights of others strained relations, in view of the large number of Internet cafes using the network platform to play false information and slander others, or to stir up trouble, to spread information and other acts of terror, often causing serious consequences, the supreme people's Procuratorate jointly issued the relevant judicial interpretation clearly requires investigation, the prosecution, the trial department asserted related offenses punished network rumors pass rumors, stir trouble and other acts. Due to interpret relevant information CTR, was forwarded to assess the degree of hazard indicators, its introduction raises doubts academia. In this paper, combined with the relationship of the trial, "Qin Huohuo" case study analysis of the provisions of the criminal law and criminal judicial interpretation, and to explore the path of normative interpretation and case type complementary explanation.The main contents include the following five areas: total 26,000 words.The first part describes the facts and the verdict "Qin Huohuo" case. Combined with the facts of the case, the corresponding criminal law of defamation, disturb other criminal elements on, a detailed analysis of the relevant judicial interpretations of behavior spread, the object that is spread "false information", the micro logging social networking platform whether other aspects of the definition of public places from which to assess both fit and observation and analysis of judicial interpretation of criminal law inherent problems and shortcomings.The second part, combining facts of the case and the judges need, based on the ambiguity of the limitations of the law, norms and languages. Interpretation of the basic principles of norms must be interpreted, to analyze association of criminal law and judicial interpretation, thereby extending analysis of different forms of existing judicial interpretation, analysis and interpretation of hierarchy and effectiveness, while the use of space-time in accordance with the legal traditions of the field of networking and the similarities and differences, analysis of the traditional charges for regulatory activities in the field of new feasibility and effectiveness.The third part, clearly follow the relevant judicial interpretation should uphold the value basis. On the one hand, adhere to the basic stance of criminal law to protect legal interests, analyze the characteristics of the common mode of transmission in cyberspace, clear countries, governments, civil society, individuals have the right to reputation should be protected legal interests; on the other hand, had to insist on criminal law, namely in Punishable Illegality level, the right time to discuss the protection of the criminal law to intervene and to the extent necessary.The fourth part, by the use of case law and asked to explain the situation in mainland China area to take historic source of normative interpretation, analysis of the main European and American countries to explain the way the criminal law, according to the inertia of our judicial and law enforcement needs, Exploring Two normative interpretation the possibility of parallel interpretation and case, and in accordance with the conditions of the existing judicial background, level stroke effect clear normative judicial interpretation and the interpretation of the case.The fifth part, conclusion. According to the full text of the analysis presented in the present case the disposal of the conclusions his own views, endorsed the Court of Qin Zhihui constituted disturb the crime penalty conclusions, but that the prosecutors to prosecute its defamation, as well as the court determines its defamation based on CTR and forwarding rate of serious level, there are still areas for further study of the subject. Based on this outlook, according to the law of criminal justice mainland China, the prospect case interpretation gradually replace the normative judicial interpretation.
Keywords/Search Tags:judicial interpretation, normative judicial interpretation, interpretation Case
PDF Full Text Request
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