On The Distinction Between Expanded Interpretation And Analogy Interpretation

It's an important issue to distinguish “analogical interpretation” and“extensive interpretation” in the interpretative theory of criminal jurisprudence.According to the demand of penal principle of legality,extensive interpretation is allowed but analogical interpretation is forbidden.However,the distinguish standard between extensive interpretation and analogical interpretation is fuzzy in practice,which easily causes cognitive mistakes to the cases.What's more,causes erroneous judgement to criminal cases.So,it's important to distinguish the extensive interpretation and the analogical interpretation,it is of important significance no matter to the development of theory itself or to the development of the criminal jurisprudence.This articlestarts with the distinguish standard theory of extensive interpretation and analogical interpretation.The writer represents four doctrines which includes “the greatest meaning of the stipulations of criminal law” ”the possibility standards of citizen forecast” “the permission of logical meaning of legal provision ” and “Having the core attributes to the interpretive objects” and arrives that the four doctrines and distinguish standards cannot be used separately as a base to distinguish the extensive interpretation and the analogical interpretation.It should have a view which has a overall master expansion and a thorough analysis.In the second place,exploring the pure relationship between the extensive interpretation and the analogical interpretation by starting with their concepts,then brings out the new relationship argument between them and the meaning to emphasize the extensive interpretation and the analogical interpretation is because of the intrinsic requirement of the principle of legality and the theory of thecriminal judicial interpretation.Thereby to show that even though their relationship is complicated,it's also feasible to distinguish them whether at the aspect of value or the practical level.Thirdly,by dealing with the related controversies between the extensive interpretation and the analogical interpretation,we can clearly get the distinguish standards of them: it cannot only stay on the literal interpretation about the law,we need draw a conclusion by measuring the purpose of criminal law,the possibility of citizen forecast,the coordination of criminal law,the necessity of behavior punishment,the distance of explaining the conclusion and core meaning,and the development tendency of criminal law language.In the end,the writer proves the applicable principle and distinguish standards of extensive interpretation and analogical interpretation by combing specific cases and analyzing the views of the accusers,the defenses and the judges.Once again proved the practical importance of distinguishing them.Emphasizing that extensive interpretation should be banned in criminal law explanation and forbidden analogical interpretation is something inherent in the principle of legality.The bound and judgement standards between the extensive interpretation and analogical interpretation should be unified in ”the possibility of citizen forecast” and ”the greatest meaning of the stipulations of criminal law”.It has been specified that only try to have it both ways and distinguish the extensive interpretation and the analogical interpretation well and proper use of interpretation skills,which can reflect the principle of legality and fair justice.It can achieve case justice.However,with the social development and the change of people's living surrounding,it's hard to unify the theory and the reality.Because it not only requires both formal criteria and substance standards in juridical practice,but also the same interpretation will change in different spaces.Sometimesit can be extensive interpretation,sometimes t also can be analogical interpretation.So,how to balance the boundary of extensive interpretation and analogical interpretation in changing social development is a worthy topic which to has more intensive research.