Research On The Interpretation Of Criminal Law In The Case Of Illegally Crossing The Border By Zhao And Others

Between formal interpretation and substantive interpretation in the field of criminal law in China.in this paper,the case in the trial practice leads to formal explanation and substantive explanation.Formal explanation is difficult to adapt to complexity and change of the ever-developing social life,and it is difficult to balance various legal values.Similarly,substantive interpretation may widen the boundaries of possible meanings of legal norms,so that a large number of acts that should not be considered criminal are drawn into semantic range and are not conductive to the protection of human rights.Formal interpretation and substantive interpretation have differences in theory and practive,but they are not distinct in fact,they have something in common.In judicial practice,the author thinks that,in the two separated,can not be form shall be clearly explain has priority,to stick to statutory principle of crime and explain it consider substance,to balance the legal value,and ultimately more prudent measure for the interpretation of the text by norms of crimnal law whther the may semantic,within the scope of the possibilities citizen beyond predict.due to the insepararability of formal interpretation and substantive interpretation,they should interact with each other to better protect human rights and punish crimes.