A Study On The Interpretation Of The Articles In The Criminal Law Of China

The clause of the bottom of the pocket belongs to the category of legislative technology.Although it has its own characteristics of abstract and uncertainty,the advantages of its outstanding elastic provisions can make up the omission of the legal provisions well,and enhance the applicability of the criminal law to facilitate the operation of judicial practice.This is the most important reason for its application in the criminal law of our country.Although the submission clause plays an irreplaceable role in judicial practice,it aims at its controversial issues in the interpretation of practice: the main summary is the insufficiency of the rules of interpretation of the sole clause in the theoretical level,the expansion of the interpretation of judicial interpretation in the submission clause,the discretion of the discretion and the discretion of the judicial interpretation.The idea of the idea of heavy punishment.How to maximize the value advantage of the pocket clause is the crux of the problem.In view of this,it is particularly important to do a good job of explaining the terms of the bottom of the pocket.Therefore,this paper begins with the definition of the submission clause and makes a more thorough understanding of the core of the submission clause through the classification of types,and further analyzes the irreplaceable nature of its existence.On the whole,in view of the existing problems in the explanation of the present stage,the problem is broken by a single blow: first,it starts from the theory of the explanation of the sole clause,and then puts forward the judicial interpretation of the legislative interpretation and the perfection of the relevant judicial interpretation system in view of the expansion of judicial interpretation that exists in the one aspect of the practice.On the other hand,on the other hand,it emphasizes the benefit of limiting the discretion of the case and making up for the benefits of the deficiency of the sole clause.Finally,it establishes the change of the concept of work from the idea of the bottom of the pocket,that is,from the angle of the judge and the legislative level,under the guidance of the legality of the crime and punishment,it can effectively circumvent the deep-rooted importance.Penal doctrine strengthens the education and influence function of penalty.In this way,this article tries to give full play to the positive role of the criminal criminal cases,with a view to improving the application of the criminal criminal case,through the explanation of the interpretation of the provisions of the criminal law in China's criminal law and to avoid the negative role of the sole clause in the greatest degree.