Legislative Intention On The Interpretation Of The Criminal Law

The original idea of legislation is the core concept of criminal law interpretation in our country,and the concept of presumption of presumption of law,there are two separate positions of subjective interpretation and objective interpretation of criminal law.Subjective explanations seek criminal law interpretation centered on legislative intent Position,objective explanation theory that the legislative intent can not get or even does not exist,subjective interpretation of the theory of the existence of the problem.In fact,the subjective interpretation is tenable,whether it is from the perspective of the meaning of justice or works point of view,the legislative intentions are present;in recognition of the legislative intent is the beginning of the legislative legislature after the overall value orientation,We should also be clear that it can be grasped and acquired,the law of life is applicable,the interpretation of criminal law is also a way of applying criminal law,criminal law of the subjective and objective interpretation of these two opposing interpretations of the interpretation of the conclusions are So it is necessary to choose the position of criminal law to explain how to correctly use the criminal law has an important role and influence,the subjective interpretation of criminal law does not exist does not meet the problem of social development in China,in the interpretation of criminal law subjective interpretation Is not only in line with the principle of legality and punishment to limit the power of punishment and the protection of human rights,but also to adapt to the rule of law in China,more in line with China's actual situation,is conducive to training National rule of law.Therefore,in the search for the original intention of legislation,we must adhere to the comprehensive and historical perspective,through the criminal policy spirit,legislative background,legislative environmental factors and other factors to take into account the legislative intent.At the same time,the search for the original intention of the law should be subject to the principle of the principle of legality.This article is divided into five parts: introduction,text and conclusion.In the introduction,the different positions and ideas of the interpretation of criminal law were introduced,and the focus of the controversy between the positions was found.The first part focuses on the concept of "legislative intent" and the concept of separation.In this part,we discuss the most reasonable understanding of "the original intention of the legislature".At the same time,based on the response to the legislator does not have a unified intention,we get the original and available legislation.The second part chooses the position of interpretation of criminal law under the premise that the subjective interpretation theory is the core of the legislative intention,and points out the shortcomings of the eclectic interpretation and the objective explanation in the interpretation of the criminal law and the significance of advocating the subjective interpretation.The third part focuses on ways and limits to grasp and acquire legislative intent.From the original intention to obtain the way to start,analysis of the grasp and access to legislative intent should adhere to a comprehensive,historical perspective,in the principle of the principle of legality to pursue.At the end of the article is the conclusion,once again summed up the full text,emphasizing the interpretation of criminal law should be subjective interpretation of the position.