The Research Of Application Of Systematic Interpretation Of Criminal Law

As one of the methods of interpretation,the interpretation of criminal law system plays an important role.On the basis of text interpretation,it further clarifies the basic connotation of the provisions and presents the formal logic between the provisions of the criminal law.There is no unified definition of the meaning of system interpretation in the theoretical circles of our country.Under the influence of the western concept of "system theory",it is generally understood as "interpreting the meaning of connecting the upper and lower clauses".The author redefines system interpretation: system interpretation solves the static interdependent legal relationship,or seeks for two terms with a larger common denotation.The method of clarifying the boundary between articles makes the application of the articles clear and logical.The application of any interpretation method has value,and the system interpretation is no exception.It not only makes up for the deficiency of text interpretation,but also provides the logical basis for the interpretation of course.The greatest value of system interpretation lies in avoiding the overlap between articles.In addition,the system interpretation mode promotes the application of correct interpretation mode,excludes ex post interpretation,and thus guarantees formal justice.Before conducting the system interpretation,we need to choose the position of interpretation and the limit of interpretation.The system interpretation should follow the position of objective purpose interpretation theory.On the basis of not violating the principle of legally prescribed punishment for a specified crime,the objective meaning of the articles should be presented.The system interpretation should take the form interpretation as the limit to ensure the cohesion of the articles in the form and logic.The uniformity rule,the relativity rule of terms and the same interpretation rule of system interpretation cannot meet the requirements of system interpretation.It is necessary to redefine the rules,including the determination of the adjacent relationship between articles,the division of common denotation,the relative clarity of terms and the confirmation of interpretation conclusions.Any interpretation method is not perfect and applicable.There are limitations in the application process of system interpretation.It is necessary to deal with the relationship with other interpretation methods to resist the impact of criminal policy and guiding cases.