The Fundamental Standpoint Of Formalism Explanation About Criminal Law Interpretation

In the traditional system of four elements crime constitution in our country,the essence of the criminal law applicable dominated thinking and essential explanation.Because the concept of crime constitution in our country is the essence of the unity between the subjective and the objective concept,is the only according to the crime was established.If the case constitutes a crime behavior must be prohibited by the criminal law has serious social harmfulness of behavior,thus,necessary is to be able to reflect the behavior of crime constitution is seriously harmful to the society be inflicted upon the essence of the concept,punishment and worth so will have to substantially explain the crime constitution.In our criminal law behavior at the same time meet the requirements of the four means behavior,criminal illegality is harmful to the society and should be punished by law.That is to say,what crime constitution to ultimately depends on four elements of "combination".Regardless of whether the regulation principle of a legally prescribed punishment,under the four elements crime theory system of criminal law interpretation must be substantial.Only the establishment of the principle of a legally prescribed punishment,in theory,academic circles acutely aware of the essence of interpretation under the principle of a legally prescribed punishment for a paradox of thinking,demand in China should change the essence of thinking,defines the form of crime,legal characteristics and form of things as the number one problem.Because the principle of a legally prescribed punishment is to limit the judicial wild sex,or to "into" the essence of extralegal punishment based on the norms of criminal law.Principle of a legally prescribed punishment is the basic requirement of national criminal law shall be clearly informed,allowing what ban,allows citizens to own behavior according to the requirements of the norms of criminal law have reasonable arrangement,thus the right to exercise their rights.Concrete embodiment in judicial application,the formal rationality is to limit the judicial wild sex,restrictions on from the pursuit of "substantial justice" of the norms of criminal law.But the problem is that the good wishes of judicial arbitrary restrictions,under the four elements of crime theory system is just the "desire",because under the four elements crime constitution system only materially explain criminal law to apply.To solve this problem,at the same time,considering the shortcomings of the four elements crime constitution system in our country,we introduce athree-stage crime theory system.In the three class hold form interpretation theory of presenting a crime theory system,which can overcome the defects of the four elements crime constitution system.The object of the crime form to explain in the theory system of three class was one of the elements in criminal constitutive requirements.At the same time,some scholars put forward should be materially explain constitutive requirements,thus around the interpretation of the constitutive requirements is a form of criminal law in our country to explain theory and substantial interpretation theory.But the problem is not so simple,involved along the substantial thinking,the explanation of the essence theory of interpretation that should construct the theory of crime and essence of the essence of criminal law and the essence of the overall punishment law,that is to say,in the whole punishment law,sticking to the essence of thinking in criminal level also stressed substantive criminal law countries under the rule of law building.Form,on the other hand,explain the theory of a more rational attitude,in addition to argue with substantial explanation theory,in this paper emphasis on criminal theory system construction of three class all the time,under the premise of elements in a form to explain according to of illegality,attributable to responsibility according to.Form explanation theory,though,have not like real explanation theory,vigorously implement the essence of thinking in the criminal jurisprudence,but to restrict judicial arbitrary and implementation theory of human rights protection as the core goal establishment to explain,but this theory still affects the development and perfection of the criminal law theory.Therefore,form explanation theory has important theoretical research value.This article is based on such thinking,adhere to explain the theory of position and relatively in-depth study.This article is divided into four chapters of the introduction,main text and conclusion.The introduction part mainly narrates the select this topic background,the domestic and foreign research on theory of interpretation theory in both form and essence to explain the research status.In this paper involves the problem of the four elements crime constitution system in our country and a three-stage crime theory system is the theoretical advantage.This section also showed in this paper,we study the significance of,stick to form explanation,as a methodological support is more advantageous to construct the system of criminal theory,three class the other way round,constructing the theory system to form a three-stage crime explain the position to provide broad space for development.First chapter from the legal Angle formal rationality and essential rationality and rational criminal law explanation in both form and essence to explain the relationship,from the perspective of the development of rational,the first is the natural law,ethics,justice,such substantive rationality and the substantive rationality in front of the powerful "rule of man" society,its status and function is regarded as a kind of more reasonable "tyranny tool" coat,fickle.Therefore,the limitation ofrationality in the form of the need to give this perfect,the emergence of the principle of a legally prescribed punishment will become inevitable,under the principle of a legally prescribed punishment for criminal law statute law,which determines the form rationality,the advantages of formal reason as written one of the basic concept of criminal law.In the limitation of formal reason the pursuit of essential justice,from the theory of description form to explain the rationality of the concept of criminal law.The second chapter mainly explain to explain theory in both form and essence theory of debate,is substantial explanation theory point of view,form explanation theory claims as well as the two main arguments of the field,in an effort to clear understanding the present theory of interpretation theory in both form and essence to explain what,on the basis of rational reflection on the essence explain position in deep.According to the real interpretation theory,at the risk of expanding the scope of the punishment,especially to explain its claim against the defendant to expand our reservations.The third chapter mainly discusses the theory of interpretation of criminal law form the choice of the position.Discussed from the Angle of methodology,insist on the rationality of the form to explain theory,to clarify the following questions: first is the norms of criminal law norms;In the form of explanation is not misunderstood only adhere to the literal interpretation;The essence of the principle of a legally prescribed punishment for a side and form side in limiting legislation and jurisdiction have different functions;Should stick to form judgment before substantial judgment of status relationship interpretation of constitutive requirements and the theory of crime;Interpretation of objective interpretation is not equal to the essence and form is not contradictory,which adhere to the interpretation of objective form under the target position."National forecast possibility" when limit the meaning of sex.The fourth chapter mainly form theory of interpretation of the criminal law and the implementation,from the principle of legally prescribed punishment for a resolutely safeguard,construct the system of criminal theory of three class mission and other aspects,at the same time to "out" in our criminal law,criminal negligence penalty according to criminal law and the rational limit of abstract dangerous crimes to form theory of explanation for the method of demonstration.Form explanation theory is the inevitable requirement of principle of a legally prescribed punishment,stick to the principle of a legally prescribed punishment for a specified is a basic path form explanation of implementation.Three class confirmation of a crime of criminal theory system unique thinking and method to ensure the accuracy of the criminal law applicable and refinement,so as to maximize the implementation of the function of the human rights protection.This is concluded that the logical law of crime form explanation theory,therefore,a three-stage crime theory system is a guarantee form explain the theory of implementation.Epilogue part reiterated that the conclusion of this paper and research value.