| The saying "No written regulations, no crime; No written regulations, no penalization" is the basic implication of Criminal Law. The legal principle of Criminal Penalty has its own unconquerable defects, although it has extremely profound connotations, e.g., its unextensionality. tardedness and so on. It is essential and significant to enhance the studies of the explanation of the judication of Criminal Law to overcome the shortcomings of the legal principle of Criminal Penalty.The elementary theory of the judicatory explanation of Criminal Law is that which concerns with its aim and limitations. The key points are to decide which aims and which limitations should be attained. The judicatory explanation of Criminal Law should apply a kind of "Objective Theory" in accord with the implications and relativity of modern legal principle of Criminal Penalty, i.e., the aim of the judicatory explanation of Criminal Law lies not in the factual meanings of the historical legislators, but in the searching and illustrating of the meanings of objective detailed articles regulated in the Law. The problem of the limitations of the judicatory explanation of Criminal Law is a central as well as a problematic concern of the subject. In order to have perfect solution of the determination of limitations of the judicatory explanation of Criminal Law, the consideration of the value of legal principle of Criminal Penalty must be introduced. When the limitations of the judicatory explanation of Criminal Law is to be defined, the principles of rationality and human right indemnification should be employed, thus allowing practical, rational, extensional explanation so as to prevent deductive explanations unfavourable to the accused.It might be safe to say that on the one hand, the general standard of the judicatory explanation of Criminal Law is the legal principle of Criminal Penalty while on the other, the latter does not utterly leech on to but to modify the value of the former: the two supplement each other, their common mission is to realize the balance between the individual freedom, the social order, human right indemnification and the social protection.After the translation of the new penalty law into practice, the judicatory explanation issued b> the national senior judicatory institution deviates from the legal principle of Criminal Penalty established by the new penalty law in aspects of form, content and value. The reason is due to the fact that there does not exist the conception of a complete acceptance of the legal principle of Criminal Penalty.Owing to such defects and shortcomings, something should be done to observe strictly the basic legal principle of Criminal Penalty, and to borrow the advanced experience of foreign countries to improve and to perfect the explanation of the criminal laws. |
