The Theory And Methods Of Criminal Law Interpretation

The life of criminal law lies in its being interpretation. The goal of criminal law interpretation is to get the most legitimate and reasonable interpretation for the conclusions. Our country is now in a period of social transformation, the requirement for interpretation of criminal law is therefore more urgent. In the practical situation in our country, this article focuses on interpretation of the trial in the field of criminal law. This article explains that the judicial officers should be the subject of criminal law interpretation in Application of criminal law process. This view is based on a careful analysis of our political system, idea of criminal law, and social development in our country, and is of significance for the construction of our criminal law. In this paper, through the discussion of legal reasoning of simple cases and difficult cases, criminal interpretation is proved to be necessary. The goal of criminal interpretation is to discover the objective meaning of statutes and to find the most legitimate and reasonable explanation for the case. Therefore, interpretation in criminal law, Is not limited to the legislative intent, it should have the concept of justice to interpretation in the criminal law within the meaning of terms possible. To find the most suitable interpretation between the legal norms and case. A successful interpretation of the conclusions depends on the correct interpretation of methods, literal interpretation should be put in the first place, when it can not get a appropriate conclusion, use logical interpretation. The conclusion of the Criminal interpretation should consistent with the purpose of criminal law, consistent with ideas of justice, consistent with ideas of"general knowledge, common sense, sthayibhava".This paper is divided into four parts:The first part through the discussion of legal reasoning of simple cases and difficult cases, criminal interpretation is proved to be necessary. In criminal cases, the trial process, whether in simple cases or difficult cases are unavoidable legal reasoning of the important role, but the judiciary is by no means purely technical operation, but with the value judgments of the property. Administration of justice in the face of the case, you need to criminal law norms applicable to the specific cases of being, therefore, the criminal justice needs to build cases, magistrates mechanisms, among which are bound to exist on the criminal law interpretation and understanding.The second part explains the basic idea of criminal law interpretation. Discusses that the integration of form and substance between the form side and the substantial side of Principle of Legality. The principle of legality demands the side of the form of legal doctrine, that is, to the strict administration of justice in accordance with the provisions of the Criminal Code aimed at achieving the overall justice, restrictions on judicial arbitrarily broken; while the side of real principle of legality requires the judiciary to face the reality, to look beyond the case-oriented through an active dynamic role played by the judiciary to achieve the case of justice. Therefore, in complying with the principles of criminal law doctrine of legality under the criminal law and should be taken to explain both the advantages of avoiding both inadequate.The third part discusses the basic methods of criminal law interpretation. Through the discussion of the specific methods of the Criminal interpretation, Criminal interpretation should be combined with the various methods under the idea of justice. This section lists criminal law through the interpretation of a variety of interpretation that the interpretation of the Criminal Code should be in justice, law, stability, co-unity of purpose and principles of the rule of law under the guidance of the mutual application of a variety of interpretation. The interpretation of results should be consistent with the requirements of the Criminal Code integrity, but also consistent with the purpose of criminal law test, more importantly, to explain the criminal law to comply with the standards of justice.The fourth part discusses the justification of criminal law interpretation. This section by describing the legal arguments for the trial of criminal cases, criminal law and criminal law to explain the application of reasonable, acceptable conclusion the important role of the Criminal Code applies to the process, should be the case of the judiciary and the parties and other participants in the proceedings a wide range participate in the administration of justice in an effort to put forward their own ideas and opinions, full proof, allowing the judge can be based on the views of the parties to make a reasonable decision concluded the case. The conclusions of the acquisition, the judge should also be a justification manifested through the referee instruments, which can withstand public review. The final adoption of the article in front of the application of criminal law for criminal justice related discussions that the training of legal professionals now targeting legal education, professional knowledge of law should be taught to cultivate the professional thought and conscience, education, law combine to education as the conscience of legal education basis.