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The Limited Explaination For The Criminal Law

Posted on:2017-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:C H DengFull Text:PDF
GTID:2346330536474795Subject:Law
Abstract/Summary:PDF Full Text Request
The limitation of the criminal law is explained by the theory of general theory at present.It is a kind of explanation method under the guidance of the principle of the principle of the criminal law and the principle of legality.It can be used to guide the application of the method of limiting interpretation by the criminal law of the crime,which can achieve the basic justice of most criminal cases,that is,the form of justice.According to the value of crime and punishment,taking the crime criminal law as its focus on the purpose of the restriction,through the balance and coordination of the two,can guarantee the substantive justice of some cases.Restriction of form and purpose are an integral part and progressive compatible.This paper attempts to interpret the limit basic theory,the judicial practice of the status quo analysis and examples show,to advocate the focus on limited interpretation,in order to achieve the process of application of criminal law in the legitimacy and appropriateness of unity.This paper is divided into three parts:The first part mainly expounds the basic theory of criminal law restrictive interpretation,including the interpretation of criminal law limitation principle,concept,type,application process should follow the principles,methodology,attributes and use of the boundary,by using the method of motivation,function,value of the content described,further demonstrates the necessity of interpretation of criminal law limited the method can be applied in the process of criminal law.The second part mainly expounds the relationship between the limitation of interpretation and other interpretation methods or techniques,to clarify the relationship between limit interpretation and other interpretation methods and techniques,can clearly identify in restrictions on the interpretation of the order of the methods and effect of the order in the position,and explain how the limits that should be used in the application of laws.How to use and in which direction is consistent with the legality and the principle of suiting punishment to crime.The third part mainly introduces the limitation of criminal law interpretation method applicable in judicial practice situation and make analysis and evaluation of the current criminal law of our country at the same time to make the provisions of the restrictive interpretation words and put forward personal views.Through the analysis of the present status,the following conclusions can be drawn at present in our country,because the allocation of the power of interpretation of criminal law is highly concentrated,although in line with the direction of the international mainstream,but the disadvantage is that the current judicial interpretation too much,some explanation is not down to earth,the lack of scientific and operability,expanding the application of excessive interpretation,some even analogy explanation.Judicial interpretation of the law is very limited.Only judicial interpretation theory has become the main psychological dependence of judicial officers handling cases.Explain methods are applicable but of little weight,the current status of the law applicable to the case of some importance,method of limiting interpretation in the process of application of criminal law and the necessity of pop out.This example can also directly prove this point.
Keywords/Search Tags:Restriction interpretation of criminal law, the principle of legality, punishment fits the crime
PDF Full Text Request
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