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A Study Of Systematic Interpretation Of Criminal Law

Posted on:2018-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiuFull Text:PDF
GTID:2416330536975001Subject:Criminal law
Abstract/Summary:PDF Full Text Request
With the development of criminal law,criminal law application methodology is gradually widely.As one of the explanation of criminal law interpretation the system plays an important role in the development of methods of criminal law in the process of criminal law interpretation system.Compared to the other interpretation of criminal law,emphasizes the coordination of criminal law logic.Systematic interpretation of criminal law interpretation should be placed in the whole legal system within the scope of understanding,analysis of the specific meaning,in order to better understand the specific provisions of criminal law.The system of criminal law interpretation can avoid the part of righteousness,understand the provisions of the criminal law in isolation,maintain harmonious relationship between crime and crime,not only explain the validity of the conclusions,but also conducive to the realization of criminal justice.At present the research of systematic interpretation of criminal law is not very rich,mainly manifested in the interpretation of the concept system,expound the function,scope and applicable rules of several aspects,some scholars on the interpretation of specific application system analysis by combining the case.The core content of systematic interpretation of criminal law system including the definition and scope of Han rule applicable to the criminal law system explain the problem,at present,a system structure of the dispute does not draw a perfect conclusion.Whether the system contains only the external logic system,and should not When this problem contains the intrinsic value system worthy of our in-depth study.In addition the system of criminal law interpretation applicable rules can effectively avoid criminal terms of arbitrary interpretation,from a methodological perspective,the system of criminal law interpretation rules should be the core content of criminal law interpretation system,can realize the real value of the system of criminal law interpretation of the rational use of the rules of interpretation of criminal law system.Therefore,further research on the one hand is the need to study on the development of the theory,on the other hand is the perfect system of criminal law interpretation requires the correct application in judicial practice.Therefore,after the research in the domestic and foreign relevant system of criminal law interpretation analysis,through the case of ontology theory and system interpretation,by system interpretation,analysis of the basic theory of criminal law interpretation system,applicable rules and other issues,on every issue to "raise problems,analyze problems,solve the problem" ideas,and to build a preliminary study system.In addition to the introduction and conclusion,the main body includes four parts:The first part of the problem,mainly introduces three basic case of Ma Le illegal use of undisclosed information trading case,Wang Lijun illegal business crime,the defection of Wang Lijun crime,three cases have aroused widespread concern and controversy in the judicial practice.The case of criminal law interpretation system,analysis of the dispute.The main content of the second part is an overview of the criminal law interpretation system,this part mainly introduces the basic concept of criminal law interpretation system,system concept and scope and purpose through the culvert related interpretation,comparison on context the purpose of interpretation,systematic interpretation of criminal law in the context of this problem.The three problem is the relationship between progressive layers.The scope of the concept of criminal law system to explain the decision contained in the criminal law system,the range of criminal law system and determines the unique value of the interpretation of criminal law in criminal law interpretation and other system.System of interpretation of criminal law is a kind of independent interpretation method,its purpose is to ensure that the norms of criminal law and criminal law and internal The second part of the study is helpful to the reasonable application of the interpretation of the criminal law system.The third part mainly introduces the application of the criminal law interpretation system.Firstly,the applicable rules of criminal law interpretation system,in order to maximize the system interpretation function should follow systematic interpretation of applicable rules.This paper from the two aspects of systematic interpretation of criminal law applicable between within the law and apply different legal departments to to explore the specific rules,the same rules of internal application mainly include: the law of identity rules,relative regulations,the same rules of interpretation,row rules.Rules of heteronomy between different laws as demonstrated in the relationship between the blank counts and system of criminal law interpretation.In this part,this paper combined with In the first part,the author analyzes the applicable rules of the criminal law system in each case,and finally discusses the application function of the interpretation of the criminal law system.The fourth part mainly discusses the problems faced and improve the system of criminal law interpretation.Mainly in two aspects,one is the legal system inherently uncoordinated,not unified.Standard system of criminal law is not a strict system of legal system is too strong to break,the interpretation system is not another the pink of perfection.The performance relationship in the system of criminal law interpretation and other methods of interpretation and order.We should clearly not a method can be completely separated from other methods and independent operation,and interpretation methods exist between the rank order,but the rank order is not fixed,but a relative law.
Keywords/Search Tags:Systematic interpretation of criminallaw, The scope of the system, Systematic interpretation of rules, Explaining problems
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