| Based on the inspection of the application of the law and the general experience of dealing with specific cases, we can see that interpretation of the law should be the basic premise of application of criminal law. The main target of interpretation of criminal law is the criminal law provisions and the provision's basic part is the specific criminal crimes. This article will focus on the application of the provisions of criminal law in the judicial practice and interpretation of crime. According to the general theory of legal science method and explanation of criminal law, this article will focus on the general rules and principles of the interpretation of crime. This paper consists of four parts, including the introduction and seven chapters.This first part is the introduction which focuses on the significance of this study, present situation and defect of the study on relative problems, and Innovation and shortcomings of this article. This part Pointes out that the main focus of criminal law interpretation is on the criminal crimes. In recent years, research in China is mainly reflected in the explanation of the general theory and specific crime. At present we are relatively scarce the study about general rule of interpretation crimes between the above-mentioned. Therefore, the specialized study on the general rules and principles of explanation of crimes is very necessary.This second part is the first chapter, which mainly expounds the basic theory of the crimes and explanation of crimes. The writer believe that the premise of the study is a clear understanding and definition of crime, therefore, this chapter examines the expression vector, object, classification, elements, functions of crimes, and Clears the ties and differences between the crimes and provisions of criminal law provisions, charges, crime constitutes etc firstly. Then, the writer described the value of the research on explanation of crimes. Because crime's carrier is the criminal law article and elements of crime is the object description of crimes, if determination of crime depends on constitution of crime and Criminal law, the explanation of crimes exists in reality. Simultaneously, because the meaning of the elements of crime are often abstract and uncertainty, and with the social development Crimes will be inconsistencies and gaps, and Justice must determine a crime on crimes, solving this problem mainly depends on explanation of crimes rather than amending the law. So the writer thinks in practice explanation of crimes is realistic and necessary. Because research in China is mainly reflected in the explanation of the general theory and specific crime, it is necessary that the article study on the general rules and principles of explanation of crimes depending on the actual analysis and synthesis from the structure, characteristics, and relationships of crimes. It is necessary similarly that the article analysis and summary the different explanation methods of basic crime according to the elementary classification of crimes.In addition, the chapter also studies the basic problems of explanation of crimes, mainly including the relationship between the explanation of crimes and principal of a legally prescribed punishment for a specified crime, criminal general principles, object of a crime, etc, specially the goal of explanation of crimes. The write proposes the integrated theory of real and objective interpretation about the goal of crimes explanation, which claim the interpretation should be interpreted within the framework of the crime letter, and if an act is lack of serious social harm and punish - ability of criminal law it can not be recognized as a crime even if it is consistent with crimes. If there is the unexpected problem with the social development which makes the conclusion of the crime explanation obviously absurd, we can explain crime beyond the legislative intent within the possible meaning of crime letter.This third part includes the second chapter and the third chapter, and is one of the main parts of this article, which study mainly general methods and specific principles of crime explanation.The second chapter discusses mainly literal explanation, systematic explanation, historical explanation, comparative explanation, objective explanation of crime explanation. The writer believes that literal explanation of crime decide the starting point and the boundaries of explanation, and should be combined with other methods of interpretation. The writer also thinks that literal meaning of crime should be based on the current standard of objective; however an exception has a specific meaning in the legislation. Systematic explanation of crime usually includes expanding and restrictive interpretation, negative interpretation, and natural interpretation. The writer thinks the usual literal meaning of crime is the starting point of expanding and restrictive interpretation. There are usual three aspects of limitation about expanding interpretation, including word meaning may be, general prediction, and the need for criminal penalties. The writer believes that the use of negative interpretation should look out the integrity of behavior type, and negative interpretation shall prevail over expanding interpretation. Moreover, the same word of crime often is interpreted as a different meaning in different crimes. The writer thinks that the limitations of language, different location, and specific criminal purpose lead to the above situation. Determine the different meanings of the same word of crime depend on specific criminal purpose, which often leads to the interpretation that deviates from the usual meaning.For the historical interpretation, the writer believes that it is wrong that the use of historical interpretation leads to achieving the objective purpose of crimes, however, historical interpretation correspond to subjective purpose of crime, and it's main function is avoiding of relying on the text too much and unstable conclusions. So historical interpretation is the complementary interpretation approach which makes other interpretation ways the best play. For the comparative interpretation, the writer believes that it does not have the independence, and we should pay attention to the difference between Chinese and foreign criminal law and combining with other methods after describing three commonly models. At last, this article discusses the objective explanation. The writer believes that the function of objective explanation is resolving disputes, and it is the most difficult to find the legislative intent of crime. The writer claim that the historical aim is prior, but we should use objective purpose at present if the historical aim leads to unreasonable conclusions.The third chapter discusses mainly some specific principle about the interpretation of crime. This chapter firstly analyzes the relationship between the objective and subjective elements produce consequences for interpretation of crime. The writer raised three perspectives. The first is that subjective elements of crime include subjective aspect of crime, and objective elements of crime include objective aspect, subject, and object of crime. The second is that the objective and subjective elements mark each other, which will affect the interpretation of crime. The third is that there are some objective elements of the crimes which actors do not need to know, which only mark harmful consequence to society. The section studies the relationship between the crimes and statutory penalties. The writer believes that statutory penalties can reflect the behavior's harmful consequence to society, so differences in statutory penalties contribute to understanding the crimes. Differences in statutory penalties come from classification of criminal penalties, different grades of sentencing, related crime penalties. Furthermore, there are many comprehensive elements such as serious circumstances in Chinese criminal Law. The writer thinks that comprehensive elements about affirming offense should belong to constitutive elements of crime, which function is realizing the brief value of criminal law and maintaining the openness of crime. As to how to determine the specific meaning of the comprehensive elements, the writer believes that legislative and judicial interpretation, local requirements can make the problem clear currently on the basis of emphasis on the need for punishment. Finally, the chapter also study on the crime in tips regulations and legal fiction. The author proposed the basis for the establishment of crime is fighting against certain acts specially and the convenience of dealing with certain criminal acts. On this basis, the author claims the method which distinguishes tips regulations and legal fiction. According to the prominent feature of the legal fiction, we can assume that a count is a legal fiction. If the conclusion is clearly unreasonable, we can assume that a count is a tips regulation. If the conclusion is also unreasonable, we are able to return to the first step to continue to judge.The fourth part includes the fourth chapter, Chapter V, VI, VII, which mainly analyze and summarize the characteristics and specific rules of interpretation of four basic crimes.Chapter IV firstly analyzes the concept and characteristics of basic crime. The writer believes that the contents of basic crime can be summarized and reflected by charges, and the crime described by basic crime is familiar and common generally. The characteristics also make defining connotation and extension of basic crime relatively difficult. For this situation, the author proposed two rules of interpretation. The first one is that we should use the general concepts to explain simple crime in the ordinary course of things. The second one is that we should generalize the atypical behavior type to improve the interpretation of simple crime. This chapter also regards theft as an example to note the above rules. Chapter V studies the interpretation rules of indicated crime which have a complex structure. The writer believes that the objects of conduct side by side which belong to elements of the same crime in a indicated crime can be accumulated when we affirm offense, and when the perpetrator make a mistake the object of conduct side by side it does not affect the affirming offense. Under certain restrictions, we can add the serious type of behavior to the lighter of the same crime in an indicated crime. However, the crime of different offenses in an indicated crime can't be substitute d and added when we affirm offense. Chapter VI firstly analyzes the concept and characteristics of referred crime. The author proposed two rules should be unnoticed. The first one is that some referred crime doesn't cite all the contents of the crime that is cited. The second one is that we should expand properly the contents of the crime that is cited in some situations. Chapter VI firstly analyzes the concept and characteristics of blank facts about a crime. The writer believes that the contents of blank crime should include"the violation of certain laws and regulations", and the provisions referenced should include "law", "regulations," "rule", "system", "management rule" and so on. On this basis, the author proposed two rules of interpretation. The first one is that we should reflect the independent value of the criminal law when we explain the blank crime. The second one is that we should explain the blank crime according to the criminal standard from the realistic point of view, such as Behavior, results, deliberate, negligent. This chapter also regards traffic offense as an example to descript the above rules. |
