The Theory Of Public Identity Explanation Of Criminal Law

The explanation of criminal law is a public identity explanation of criminal law of value analysis method, it with the realization of public identity for value orientation, through to the different interpretation method and the value of interpretation conclusions carries on the analysis comparison, choosing the most conducive to public identity realization explanation method, in order to guarantee the criminal law explain the premise of legal effect, make social effect and get optimal.The explanation of criminal law in the period of social transformation public identity of criminal trial reference value, extremely explanation of criminal law, public identity to effectively play forward criminal justice initiative, solve the criminal law of specialization and common sense and dealing with justice and public opinion contradiction is of great significance to the relationship. This paper analyzes deeply the explanation of criminal law, the present situation of public identity on public identity, the explanation of criminal law at present in the objective existence and legal environment have preliminary development, main show is in judicial work guiding principles established in social effect and legal effect of the unity, in particular cases of judicial authority processing of conscious choice to charges; On the other hand, the explanation of criminal law of the existing development public identity from true is still distant distance, main show is public to the judicial organs conviction and the explanation of criminal law and specialization is lack of effective identification. Investigate its reason, main is judicial organs in the explanation of criminal law, mechanically, one-sided understanding of the public approval; From social practice, contempt, ignored the existence of public opinion. The realization of the public identity explanation of criminal law system of public opinion and faced double difficulty:on one hand, public opinion is no make judicial organs in dealing with the relationship between public opinion in judicial and difficulties, mainly for judicial organs difficult to accurately mastering opinion, could not cope with the frequent change of public opinion polls and difficult to adapt to the irrational. On the other hand, criminal litigation in the concept of existing conflict and system lack also make explanation of criminal law on public identity dilemma facing program. Realize the explanation of criminal law, we must break through the public identity of public opinion and system double difficulty, and reasonable solution to the form and essence of the problem.For the explanation of criminal law and the realization method of public identity, this paper made public opinion expression mechanism and explain technical two aspects of criminal law thinking. The idea of public opinion expression mechanism, mainly through the mechanism innovation, judicial organs and public information between establishing effective communication channel, so that public opinion can fully and effectively express, the judiciary also can prompt, accurate grasp the latest trend of public opinion. The explanation of criminal law, mainly is the reflection technology in realizing the explanation of criminal law advocated in the process of public identity, attention, the method of using purpose explain that the explanation of criminal law able to adapt to changing social reality, in order to deal with the problems caused by the legislative lagging explanation of criminal law, so as to realize the public identity.Finally, the content of text briefly summarized, and the realization of the criminal law explain public identity possible side effect is analyzed and the explanation of criminal law public identity implementation possibility is forecasted. Last tail mainly expounds the explanation of criminal law in pursuit in the process of public identity, attention shall be paid to avoid damage as possible criminal law, especially the stability in the judge for the explanation of criminal law, realizing public identity explanation of criminal law shall bear the necessary acquires obligation, in order to prevent the stability are infringed upon the criminal law. Meanwhile, the explanation of criminal law the realization of public identity with high possibility, making judgments based on the idea of rule from socialist theory support and the judicial practice of reality as precedent.