An Analysis Of The Conflicts And Coordination Path Between Criminal Law Judicial Interpretation And Criminal Law

Any provision of Criminal Law is necessary to be interpreted.And any judicial interpretation of criminal law shall not deviate from criminal law.The provision of Criminal Law and the judicial interpretation of criminal law shall be the same.In most of the foreign countries,the right of legal interpretation is exercised by judges in individual cases.However,the right of judicial interpretation is vested by the Supreme Court in China,which is very special.The judicial interpretation of criminal law plays an important role in clarifying the applicable standard of law,protecting People's right and promoting the development of Chinese legislation.However,as the articles of the Criminal Law increasing,the judicial interpretations of criminal law are also increasing quickly.As a result,discrepancy arises between the criminal law and the judicial interpretation of criminal law,ignoring the principle of a legally prescribed punishment for a special crime.This essay attempts to sort out the conflict between judicial interpretation of criminal law and criminal law and tries to find out the feasible coordination path.This essay paper is divided into four parts.The first chapter is the introduction,which points out the important status and research status of criminal law judicial interpretation.The second chapter,the basic theory of criminal law judicial interpretation,and defines the relevant concepts,will analyze the legal created the main body,analyze the types,this essay expounds the creation of judicial interpretation should follow the basic principle,mainly consist of legality and rationality principle,need principle and harmony principle,points out that did not follow the basic principles of the creation of a judicial interpretation is the cause of the disorder of judicial interpretation of criminal law and criminal law.This essay also points out the relationship between criminal law judicial interpretation and criminal law: criminal law application cannot be separated from criminal law judicial interpretation,criminal law judicial interpretation is subordinate to criminal law.The third chapter elaborates the conflicts between judicial interpretation of criminal law and criminal law.Firstly,the conflict between judicial interpretation of criminal law and criminal law is introduced through the case handled by the author,then it analyzes the concrete manifestation of the conflict between criminal law judicial interpretation and criminal law.Secondly,the judicial interpretation of criminal law leads to the incompatibility between criminal law and other department laws.Thirdly,the judicial interpretation of criminal law leads tothe internal disharmony of criminal law.Fourthly,criminal law judicial interpretation beyond the criminal law,there is improper interpretation.This essay briefly discusses the reason of the conflict between criminal law judicial interpretation and criminal law:the absence of criminal law legislative interpretation leads to the brutal growth of criminal law judicial interpretation.The lack of supervision and restriction mechanism leads to frequent defects in judicial interpretation of criminal law.The lack of a bottom-up generation path in the criminal law judicial interpretation makes the criminal law judicial interpretation deviate from reality.Chapter four discusses the ways to coordinate the conflicts between criminal law interpretation and criminal law.This essay mainly starts from three ways: how to improve the creation mechanism of criminal judicial interpretation,how to improve the discovery mechanism of defective judicial interpretation,and how to improve the revocation and supervision mechanism of defective judicial interpretation,so as to ensure the scientific nature of criminal judicial interpretation creation.Improve the creation of judicial interpretation of criminal law,reduce the defect of judicial interpretation from the source.The discovery of unblocked and defective judicial interpretation enables the competent authorities to discover problems in time,strengthen the revocation and supervision of the defective judicial interpretation and urge the competent authorities to solve the problem in time.