The Dispute Between Substantive Interpretation And Formal Interpretation Under The Legal Perspective Of Crime

Interpretation of substance and form has long been a debate, different interpretation methods lead to different explanation and making of criminal cases produce different results. In real life, frequent criminal hard cases, the crime and not crime, this crime and crime, crime between misdemeanor heavy, how to reasonable explanation,, make the protection of criminal law increasingly highlight and safeguard function of human rights. Criminal law interpretation in the form of claims, the interpretation of the case should be from have usually according to the judgment standard of the average person can understand, cannot exceed the national forecast possibilities. And promote the essence of criminal law interpretation, and profit violation for judgment basis, in the case of formal illegality, if did not cause any urgency or the interests of the essence of the risk, you should not be evaluation for the crime of criminal law. Under the premise that adhere to the principle of a legally prescribed punishment of the criminal law, the interpretation of the criminal law, as long as there are no conflicting situation, can be allowed. Not both you and me, between each other, to a large extent there is consistent.