Criticism And Reflection On The Objective Interpretation Of Criminal Law

There have been two kinds of debates in the hermeneutics of criminal law.One thinks that the legislative interpretations should be traced to the intention of the legislator to be traced to the original intention of the criminal law.The other thought that it should consider the reality,adapt to the social changes,and do not adhere to the original interpretation of the criminal law;the former is the main view and the latter is the objective explanation.The former is more important than protecting the stability of criminal law,while the latter is more important than fighting crime.The objective of interpretation of law,especially the interpretation of criminal law,is of great significance in judicial practice.How to explain the criminal law related to the crime of incriminating citizens and to the serious problem of the right of personal freedom of the citizens,so it is still able to arouse the attention and discussion of many scholars in the past more than 200 years.The question of whether legal interpretation should conform to subjective or objective goals is related to the position and interpretation of interpretation methods in legal interpretation.As for the criminal law,the difference between this method and the result of interpretation will have a great impact on the interpretation of criminal law.On the one hand,the interpretation method under the guidance of different interpretations may cause the wrongful act of the crime to be incriminating,endangers the stability of the society,and is not conducive to the protection of the protective function of the criminal law;on the other hand,the different interpretation methods under the guidance of the interpretations may lead to the offense of the offense that should not be incriminating easily.It poses a serious threat to citizens' legitimate rights and causes citizens to lose their freedom and even life without any reason.Therefore,the problem of discussing the objective interpretation of the subjective and objective of the criminal law is not a question of the jurist's supposition in theory,but a real problem of judicial practice.Generally speaking,there are three major differences between the subjective and objective interpretations of law.First,in the value judgment,the subjective interpretation maintains the authority of the legislator,and the objective explanation pays more attention to the "correctness" of the law,and pays more attention to the actual effect of the law in the present social reality;on the issue of separation of power,the subjective interpretation seriously distinguishes the legislative and judicial powers,and advocates the parallel and separate separation of the two powers,and the objective interpretation In practice,the boundary between the legislative power and the judicial power is blurred,which makes the judge's legal interpretation become the actual legislative act;in the explanation theory,the subjective interpretation is based on the theory of legal interpretation,and the objective interpretation is based on the German classical philosophical hermeneutics.In contrast,subjective interpretation is more advantageous than objective interpretation.The objective of legal interpretation of criminal law has attracted special attention from jurisprudence and criminal law circles.The reason lies in the unique temperament of the criminal law itself.First of all,in all department law,only the criminal law can stipulate what kind of criminal punishment to the citizen,and the right to life of the citizen.It can be said that only the criminal law can be the most severe punishment for the citizens' life and death.Secondly,the legal principle of the unique crime and punishment of the criminal law,and the legality of the crime and punishment.The principle is not so much as for the accurate conviction and the fight against the crime,which is to restrict the state,to restrict the judge to enter the crime at will and to fully protect the legitimate rights and interests of the citizens.Again,the criminal law is modest,and the criminal law is always hidden behind other laws,only other laws,including but not limited to civil andcommercial law and administrative law.In order to solve the dispute and not punish the wrongful act,the criminal law can be used,which means that the wrongful problem that can be solved by the means of administrative punishment can not be referred to as a crime.The problem that can be solved with light punishment can not be used as a heavy punishment.Fourth,the social relations involved in the criminal law are extremely wide,and it can be said that a penal code is stipulated.All social relations in social life,all social relations must be protected by the criminal law.Fifth,the provisions of the criminal law have a centralized generality,and the criminal law usually expresses relatively complex legal relations in a very concise language,so that the narrow sense of criminal law becomes the criminal law of criminal law;finally,the criminal law belongs to the judicial law.As for the judicial law,its legal interpretation should be cautious and prudent,otherwise,it will cause very bad and serious consequences to the foundation of the legal system.The objective interpretation of its own defects and the characteristics of the criminal law decides that the objective interpretation of the criminal law should be postponed.It should pay great attention to the important role of the original intention of the legislator in the criminal judicial practice and avoid the very serious problem of incrimination under the objective interpretation.In fact,the result of some disputed cases,the result of the objective explanation,is mostly incrimination rather than guilt,which has obviously violated the criminal policy of light misdemeanor and caused unnecessary trouble to the judicial reform and the process of the rule of law in our country.