The Teleological Interpretation Of Criminal Law

The teleological interpretation of criminal law is more flexible than other legal interpretations.The flexibility is an advantage of the teleological Interpretation.It also brings a lot of controversy at the same time.In the existing theory of criminal law,the teleological interpretation of criminal law is called as a specific method of substantial explanation or criminal policy.The function of teleological interpretation is also misunderstood as loophole-filling by breaking though the literary content.All of these are misunderstands of the teleological interpretation of criminal law.The reason leads to these understand is the uncertain of the ‘teleological'.The ‘teleological' is the core of the teleological interpretation of criminal law.Therefore we should understand the content of the ‘teleological'.The ‘teleological' comes from the teleology in the philosophy.It means purpose.The hierarchy of the purpose is embodied in the development of the teleology.Some of them are close to the study,the others are not.In the study of the teleological interpretation of criminal law,the purpose which can be used in the field of legal interpretation should be cleared at first.We should distinguish the ‘the purpose in the field of legal interpretation' between ‘the purpose of legal interpretation'.The point of ‘the purpose of legal interpretation' is on the result while ‘the purpose in the field of legal interpretation' is on the precondition.The purpose in the field of legal interpretation must be the precondition.If not,the content must be too broad.It also will make the standard of the legal interpretation unbending.If we want to know the precondition,we must find the essence of the law.However,the essence of the law is revealed by the content of law.Therefore,the purpose of legal interpretation is the purpose of law.It is also an objective purpose of law,not the legislative intent.In the search of the purpose of law,we should start from the holistic purpose.In the specific application,we need considered the single purpose of each clause.After making clear that the purpose of legal interpretation is the purpose of law,we should understand the purpose of criminal law.The purpose of criminal law is the core of the teleological interpretation of criminal law.The purpose of criminal law has two levels.The first is the purpose that criminal law ‘should have'.The second is the purpose come from the legislator.Consider that the purpose of criminal law should not be metaphysical,and is not the legislative intent.The purpose of criminal law should be defined as a purpose that criminal law ‘should have' which confirmed by the legislator.The purpose of criminal law is protection,not punishment.It is focus on protecting the society but not the human right.The protection of human right is also very important,although it is not the purpose of criminal law.It can play a role in the Principle of Legally Prescribed Punishment and Folgen der Besuche.In the theory of criminal law,there are two opinions about the purpose of criminal law.The first is the protection of legal interest.The second is to protect the effectiveness of the law.According to the analysis,the first one should be the right one.It is because that the purpose of criminal law is not the generalization of the present legislation.The purpose of criminal law should be a guidance of the present legislation.It has a duty to guide the legislation,has an ability of criticism.Therefore the purpose of criminal law is to protect legal interest.However,the purpose of protect legal interest not means the teleological interpretation of criminal Law as same as the substantial explanation.The theory of infract legal interest is not the only way to protect the legal interest.The theory of violate criterion also can make it.The purpose of protect legal interest is not means to affirm the illegal by infracting legal interest.So,the teleological interpretation of criminal law is not the primary interpretation of substantial explanation.Criminal policy can use the teleological interpretation of criminal law to enter into the field of legal interpretations.But this not means the teleological interpretation of criminal law comes from the criminal policy.The teleological interpretation of criminal law cannot use the criminal policy to break the bound of law.We cannot request the teleological interpretation of criminal law can solve every problem.We cannot ask each interpretation to do things like this.But criminal policy can do something outside the interpretation,in the field of Folgen der Besuche to evaluate the teleological interpretation of criminal law.Also,the purpose of protect legal interest not means the function of teleological interpretation is loophole-filling by breaking though the literary content.It is contrary to the Principle of Legally Prescribed Punishment.Normally,the interpretation of criminal law has three levels.They are represented by semantic interpretation,systematic interpretation and teleological interpretation.The semantic interpretation should be used at first.Then,when the semantic interpretation is not clear,it will be the systematic interpretation.The teleological interpretation should be used at last when both interpretations above were failed.All of the conclusions of the interpretations were based on the literary content.They cannot break it in any circumstance.Therefore,the function of teleological interpretation is used in the situation that other interpretation cannot make the concept clear.The teleological interpretation is used to choose the most reasonable result in the literary content.