Formalization Of Conviction And Substantialization Of Conviction:Two Aspects Of Interpretation Of Criminal Law

The connotation of the principle of a legally prescribed punishment for a crime is that the law does not stipulate that it is not a crime.This inevitably requires the judicial personnel to explain the position in the form of conviction when the case is convicted.that is,the formalization of the conviction.The principle of legality of a crime is only a principle of limitation of conviction,and it does not limit guilt.It is also its proper meaning to punish an act that is not worthy of punishment by the department,that is,the essence of sin.However,in China s current criminal justice practice,it is precisely the position of substantiveization of sin and formalization of sin.Therefore,in the current judicial context,it is very important to promote the formalization of conviction and the substantiveization of sin.significance.This paper attempts to analyze and criticize the two positions of judicial practice through the typical real cases of the judiciary,in order to achieve the effect of promoting the formalization of conviction and the actualization of sin.This article is divided into four parts:The first part mainly determines the meaning of formal interpretation and substantive interpretation.By clarifying the connotation of the formal interpretation and substantive interpretation of Germany and Japan,it shows that the dispute between formal interpretation and substantive interpretation in China is actually derived from the formal interpretation and substantive interpretation in the contemporary sense of Germany and Japan.The opposition between the two is mainly manifested in:their respective forms The emphasis on interpretation and substantive interpretation;different views on the loopholes in criminal law.It is pointed out that in fact,the substantive interpretation theory does not really form the formalization of sin,and its existence has the substantial risk of sin,so the formal interpretation theory is more worthy of advocating.The second part is mainly to criticize the two positions in China's criminal justice practice.Through the typical real cases in our country,it points out the characteristics of the serious sinful tendency in judicial practice,which is embodied in two positions:the substantiveization of conviction and the formalization of sin.The substantive interpretation theory has great influence on the judicial department that has the "criminal impulse " and is very likely to become the theoretical support of its conviction.Therefore,the criticism of the substantiveization of the crime is mainly from the aspect of substantive interpretation.The formal disposition of sin ignores the substantive judgment of crime.It is a formalist and legalist thinking.The correct conviction should be to first make formal judgments and then make substantive judgments.Substantive judgment is indispensable in conviction.A ring.The third part is mainly to promote the formal interpretation of sin.First of all,the rationality of the interpretation of the form of conviction is explained through the principle of legality of the crime.Secondly,it points out three ways and paths to realize the interpretation of the form of sin.The first is that the interpretation of the meaning should have superiority;the second is to reposition the social harm from the perspective of guilty;the third is to prohibit the unfavorable defendant.Expand the explanation.Finally,the issue of formal interpretation and legal protection of sin is coordinated by advocating objective interpretation.The fourth part mainly explains how to implement the substantive interpretation of sin.First of all,through the limitations of legislation,the modestness of criminal law,and the norms of criminal law,first of all,the attributes of behavioral norms,the rationality of the interpretation of the essence of sin is demonstrated.Secondly,it advocates the substantive interpretation of guilty through the four paths through the purpose of restricting interpretation,illegality to obstruct the cause,expectation possibility and inevitable super-regulatory violation.Finally,it advocates the restriction on the interpretation of the criminal sin by increasing the "interpretation of law and law" links of legal documents,constructing a criminal precedent guidance system,and rationally applying the people 's jury system.