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The Misunderstanding Of The Judicial Interpretation Of Criminal Law

Posted on:2018-07-20Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2356330515490158Subject:Criminal Law
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In practice,Many cases of the imbalance between crime and punishment are due to the improper application of judicial interpretation of criminal law,and seriously undermine the authority and credibility of the judiciary.On the one hand,the alleged ultra vires,contradictions and lag of judicial interpretation of the provisions of It is often seen.will inevitably lead to the imbalance,directly applicable;on the other hand,the judicial personnel on judicial interpretation of norms of machinery,isolated understanding,resulting in the imbalance.For a long time,the academic circles often make a research on the judicial interpretation of criminal law.However,the application of the current judicial interpretation has a general misunderstanding.Therefore,it is necessary to study the application of the current judicial interpretation of criminal law,in order to improve the application of judicial interpretation.The full text is divided into four parts:The first part: the basic theory of criminal law judicial interpretation.As the logical premise of this article,this part mainly expounds the basic concepts and characteristics of the criminal law judicial interpretation,on this basis,the criminal law judicial interpretation and other related concepts.The judicial interpretation of the criminal law interpretation of legal subject,specific object,explain the effect of pervasive features determines the interpretation of the content should be loyal to the criminal law,the criminal law and the applicable judicial interpretation than other judicial interpretations of the more stringent requirements.The second part: the application of criminal law judicial interpretation.At present,the application of the judicial interpretation of criminal law in our country is mainly concentrated in two aspects of norms and ideas.Among them,the normative level applies misunderstanding refers to,when the alleged judicial interpretation standard ultra vires,contradiction and delay,judicial personnel in order to adhere to the "legality",still choose to apply,caused by the imbalance;for misunderstanding the concept level refers to the judicial personnel,based on the understanding of the criminal law judicial interpretation errors,mechanically,"point to point" to apply,resulting in the imbalance.The emergence of the above errors,exposed the judicial staff of the judicial interpretation of the normative status of the basic principles of the criminal law,the overall role of the standardization of the internal system,such as lack of cognitive theory.The third part: the basis of the application of criminal law judicial interpretation.The application of judicial interpretation of criminal law is essentially a practical activity,which must follow the objective law of cognition and practice.It includes three aspects: first,the judicial interpretation of criminal law have certain internal system,need to complete linkage for;secondly,the basic principles of criminal law,especially the principle of legality in judicial interpretation giving legal status at the same time,the "human rights protection" has become the application of judicial interpretation of criminal law course;finally,Kuanyan phase as a basic economic policy guidance of China's current criminal judicial work,provides valuable guidance for application of law and judicial interpretation of criminal law.The fourth part: the application of the rectifying of the judicial interpretation of criminal law.That is,the use of the criminal law theory,try to explain the application of criminal law judicial interpretation errors.The priority for the protection of human rights,adhere to the system of interpretation and attention for discretionary circumstances.When the judicial interpretation exceeding power,lag contradiction,etc.,should give priority to the protection of human rights and the fight against crime,consistent with the criminal law,the legal realization.Under this premise,on the one hand,we must always adhere to the interpretation of system,this system not only exists between the judicial interpretation of criminal law and criminal law,the judicial interpretation of the same internal self system;on the other hand,according to the current criminal policy,pay attention to the application of discretionary circumstances,especially the action will be given a lighter or mitigated extraction and applicable sentencing to achieve the balance between crime and punishment,and the realization of judicial justice.
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