In The Penal Code Application To Explain

In the penal code application to explain is the judge's analysis to the related law text when he deals with the individual case, and it is a judge's understanding to the penal code norm in the process of taking up cases. The law application is a process the judge looks for and explains law by his own comprehension and conviction to law, by his personality and the concept of value and by his responsibility to our society.The application to explain is an important kind of ability to the judge, and shows subjective value judgment by decision of judgment of case fact and criminal law. Therefore, it in fact an process by which an judge seeks rational basis for his value judgment. The judge should conceive an kind of creationary law which is most close to principal of justice penetrating into law universally, thereafter, protect the unification of the whole law system. The judge should be the legal person to explain penal code application. Penal code application to explain should comply with the principal of legal, rational and according to the intention. In our country, we should perform single explain mode by separate judgment. Penal code application to explain according to a certain case should have affect on the same case. Penal code application to explain by judge should be regulated rationally.