Exploring Formal Interpretation And Substantive Interpretation

In the interpretation of criminal law,the current form of interpretation and substantive interpretation of the controversy is still very large,the two interpretations of the same case may come to different conclusions,which China's criminal justice practice has an important impact.The formal interpretation of the article advocates the formal interpretation of the provisions of the criminal law,within the scope of possible semantic interpretation of the provisions of the criminal law,as a standard of crime,social harm as a standard of crime.Substantive interpreters are from the necessity of punishment,from the substantive interpretation of the provisions of the criminal law,that is,those who do not have harmful behavior,do not think that these acts constitute a crime.That is to say,to conduct a substantive explanation of a particular act,to see if it has serious social harm or the need for punishment,and then to explain the form of whether the behavior is included in the meaning of the criminal law may have.Form of interpretation and substantive interpretation of the debate has risen in the form of criminal law and the concept of substantive criminal law debate,the formation of the two schools of the dispute.At present,whether it is formal interpretation or substantive explanation,the results of the judgments of most cases are the same,but the interpretation of individual cases and substantive interpretation of the existence of a big difference.Based on the basic theory of formal interpretation and substantive interpretation,this paper explores the advantages and disadvantages of formal interpretation and substantive interpretation,and finally draws the interpretation of criminal law in line with our judicial practice and the criminal law with Chinese characteristics.The first part of this paper is about the basic theory of formal interpretation and substantive interpretation,including the most basic understanding of criminal law interpretation,followed by the concept of interpretation and substantive interpretation of the concept,the basic description of the meaning,followed by the form of interpretation,substantive interpretation And the subjective interpretation of the objective interpretation of the link between the difference and contrast.The second part mainly analyzes the basic position of the criminal law and the basic value of the selected penalty by analyzing the basic position and the basic value of the criminal law.The formal explanation is that the formal view of the criminal law is To protect the basic value of human rights pursuit;substantive explanation adhere to the real concept of criminal law,pay more attention to the maintenance of social order.The third part mainly studies the relevant theoretical problems of the explanation of the extraterritorial form and the explanation of the substantive explanation,as well as the explanation of the form of the exotic form,the substantive explanation of the main points of divergence in the development of our country and the interpretation and substantive explanation of our country's criminal law.Finally,through the comparison of two cases,the study of formal interpretation,the substantive interpretation of the judicial application in the specific application.The fourth part mainly through the above analysis and comparison,the author's own conclusions-to form the main interpretation,supplemented by substantive interpretation,adhere to the form of reason to bring us the last faith.