Research On The Common Sense Of The Interpretation Of Criminal Law

In recent years,there have been some bizarre cases in judicial practice in China.These cases greatly exceed the cognitive categories of ordinary people.Typical cases include Zhao Chunhua's illegal possession of firearms,Wang Lijun's illegal business case,and Qin Yun's picking and picking orchid case.These cases have triggered widespread concern in the society and discussions in the academic community.At the same time,the criminal law theory community has also experienced the phenomenon of refined interpretation of the criminal law.Some scholars often explain the “God explanation” phenomenon that deviates from common sense of life.In this regard,the judicial practice community and the criminal law community have gradually paid attention to this phenomenon.With the development of judicial practice,the conflict between practice and theory has become increasingly prominent.How to make the interpretation of criminal law closer to the society,close to life and close to common sense has become one of the issues that must be highly concerned in the theoretical circle of criminal law in China.This article intends to analyze the necessity and feasibility of common-sense explanation from the perspective of common sense interpretation of criminal law.It is believed that the criminal law comes from the accumulation of common sense in life,and ultimately it also serves life and belongs to life.The characteristics of common-sense explanation itself are also suitable for the development trend of current criminal law theory.The application of common sense interpretation in practice also shows that it helps to solve the problem of exquisiteness in the interpretation of criminal law and achieve public recognition.Therefore,the application of criminal law should be in harmony with the specific circumstances of the case and the evaluation of social ethics and moral values,so as to achieve the unity of legal effects and social effects.The writing of the dissertation can be roughly divided into four parts: First,the problem is drawn from the analysis of influential hot-spot cases,while highlighting the differences between the judicial decisions caused by typical cases and the recognition of the people.The phenomena of clarification of explanations in the criminal law community can also lead to interpretation conclusions that violate the common sense of the public.This leads to the interpretation of the main themes of criminal law in this article should be close to life,close to common sense;second,from the characteristics of common sense to explain the advantages.It proves that the idea of common sense explanation is consistent with the principle of modesty of criminal law,and that the commonality explained by the unique public foundation helps overcome the predicament of “exquisite judicious justice” and thus achieve public recognition of criminal law.Again,from another point of view,through the analysis of the theory of criminal law theory,it is proved that the application of the common sense explanation theory in the interpretation of criminal law has a long history,and there is a certain theoretical basis.This demonstrates the feasibility of common sense interpretation.Finally,on the basis of the above three chapters' argumentation,it is proposed to specifically construct the application of common sense explanations in practice according to the conditions in judicial practice,and to complete the central conclusion of the thesis.