Research On The Limit Of Expanded Interpretation Of Words In The Determination Of Crime

The scope of the meaning of words in the determination of the crime affects the behavior and result of the determination of the crime,it affects the crime and non-crime,and this crime and the other crime.Expanding the scope of the meaning of the Chinese words in the criminalization of the crime makes the scope of criminalization wider and easier.The scope of the "counterfeit drugs" involved in the "Lu Yong case",the determination of the "firearms" involved in the "Tianjin Zhao Chunhua illegal possession of guns" and similar cases have all caused widespread discussion in society and academia.Different from other departmental laws,criminal law acts as the last legal barrier and can be applied when other departmental laws cannot be applied.The criminal law is supported by state violence and involves the deprivation of the perpetrator's property,freedom,even life,and other major property or personal rights.Therefore,the application of the criminal law should be particularly cautious and humble.Under the influence of the risk society,the intervention and regulation of criminal law have become more advanced,the threshold of criminalization has been lowered,and the crime circle has continued to expand.However,the expansion cannot be overwhelming.As a direct influencer of the criminal conviction and the result of the determination of the crime,the expanded interpretation of this category of words should pay special attention to the grasp of"degree".The expanded interpretation of these words should be restricted by the principle of statutory crime,should match the principle of adaptability.In the interpretation process,it should be weighed against the relevant interpretation methods and comprehensively consider the limiting factors.In the end,on the basis of being more "conservative" and"stricter" than other types of words,we should make reasonable and substantive value judgments on the words in the conviction in line with the specific legislative purpose of the crime.This article is divided into seven parts.The first chapter introductory part attempts to summarize the core problems of the research,that is,the excessive interpretation of the words in the determination of the crimes has excessive problems,and explains the research background and current status of the article,and clarifies the research goals.The second chapter introduces the "Lu Yong case",which leads to the topics discussed in this article by analyzing the conviction of the crime of selling counterfeit drugs and the excessive expansion of "counterfeit drugs in this crime.That is,there is an excessive problem in the expanded interpretation of words in the determination of the crime.This problem not only affects the appropriateness of the determination of the crime,but also affects the legality and rationality of the crime.At the same time,this part will explore the necessity of clarifying the scope of interpretation of words in the determination of crimes.That is,the expanded interpretation of the words in the determination of the crime affects the appropriateness of the result of the determination of the crime,influences the crime and non-crime,the boundary of this crime and the other crime,affects the realization of the human rights guarantee function of criminal law,and it can provide a basis for the legitimacy of the crime and make the criminal law more in line with the requirements of modesty and so on.The third chapter categorizes the problem,specifically reveals and evaluates the excessive problem of the expanded interpretation of words in the determination of the crime,and divides it into two parts.First of all,the relationship between the expanded interpretation and the determination of the crime is clearly clarified,and the words that affect the determination of the crime are the bridge between the two.Secondly,it summarizes,analyzes and summarizes the problem of excessive interpretation of word expansion in criminal identification and interpretation.At the same time,this section will reveal the deficiencies of judging the substantive value of words in order to meet the formal logic requirements of criminal law.The fourth chapter is about the discussion of the reasons for the excessive interpretation of words in the determination of crimes.It is divided into four parts.It mainly includes the legal principle of crime and punishment,which provides space for the excessive interpretation of such words,the substantive impulse of social harm,the linguistic characteristics of the words themselves and the existence of analogies and disguised analogies.The fifth chapter is to clarify the expanded interpretation limit of the words in the determination of the crime,the discussion in this chapter is both general and specific.The limit of grasping cannot be separated from the comparison,reference and analysis of the semantic interpretation,purpose interpretation,analogy interpretation,system interpretation and purpose expansion of such words.In the balance with other interpretation methods and linkage with each other,the expanded interpretation of such terms will be regulated to clarify their expanded scope.The sixth chapter is about the way of judging the expanded interpretation limit of words in the determination of crimes.First of all,to clarify the limits,we must observe the corresponding principles,of which the principle of statutory crime is fundamental and the principle of rationality is the core.In terms of methods,it is necessary to adhere to the formal rationality and rigidity of the application of criminal law when committing crimes by means of expanded interpretation,and each departmental law such as criminal law and administrative law must be clearly positioned.Learning from Wei Dong's conservative theory of criminal law interpretation,this article advocates conservative expanded interpretation,the maintenance of the value of human rights protection should be taken as the core,and the expanded interpretation of these terms should be restrained and strictly restricted.The specific interpretation path is to proceed from the "possible meaning of words" and judge the results of the expanded interpretation based on "the possibility of national prediction" and "conformity of legislative purposes".The conclusion part of Chapter VII is a summary of the comprehensive text.The limit of interpretation of criminal law,especially the limit of expanded interpretation of criminal law,has always been the focus and difficulty of academic research,but there is still no final conclusion.The expanded interpretation of the words in the determination of the crime is of great significance to the determination of the crime and the criminalization of the crime.This article focuses on its limit,hoping to explore the specificity from the generality of the expanded interpretation of the criminal law,in order to first be able to Grasp the door to the application of criminal law in one stage.