| Interpretation of the law is essential. Especially when under the provisions of the Criminal Code relating to the constituent elements of rather abstract, and includes a wide range of circumstances, it is very important to explain. But in our country, not only the interpretation of criminal law theory of criminal law into battle school whirlpool, is facing a severe test of criminal justice. Therefore, this article about the Chinese Criminal Law interpretation methods and errors for the launch.The first chapter, "The basic position of my theory of criminal law and rank controversy." The first section, the theme of this article is intended to summarize and present the issues to be discussed and ideas, since dependence and limitations of the traditional interpretation of the criminal law, so that our interpretation of criminal law in the interpretation of subjective selection function is strong, explain the existence of the judicial process breakthrough of legality pragmatic tendencies. Therefore, it is necessary to face up to China’s criminal law to explain the limitations and errors. We should not be satisfied with the conclusion in the traditional interpretation of criminal law obtained, nor the candidate picture shows some traditional social tendencies or human factors oriented results seek to justify and rationalize the interpretation of criminal law. Understanding and overcoming the limitations and errors on the interpretation of criminal law, not superstitious independent character of justice against excessive interpretation, attention to tradition and common sense may be a useful method of thinking. Second and third quarters, mainly discussed China’s criminal law theory to explain the current situation and controversy, mainly the so-called "school of the dispute" and "rank dispute." Schools struggle to some extent, leaving individual scholars loyalty tendency, whether in the form or substance, just methodological norms on the path of Law, are built on the basis of legality in criminal law interpretation. The interpretation of the criminal law may not be what we rank as controversy, which itself may not exist.The second chapter, "The specific method of interpretation of criminal law depends." Through a specific interpretation of criminal law, such as semantic interpretation, the purpose of interpretation, to reveal the defects and shortcomings of criminal law interpretation of the law and methodology. Since the interpretation of criminal law confined to the specific limitations on the method, it is not an effective law and the fact that the rift between the wooden box, and often can not come to a satisfactory conclusion.Chapter 3, "China’s criminal law judicial interpretation from Practice and limitations." By analyzing specific cases "Xu Ting" case and "prostitution," "abandoned" and to reveal the tendency of criminal law interpretation of pragmatism and limitations of basic consensus in the judicial process implied that the Chinese Criminal Law does not explain the rank presence, which is the core text but not as the first text.Chapter 4, "China’s criminal law interpretation methods and Improvement Mistakes" disclosed on the basis of interpretation of criminal tendencies and limitations on further discuss several important errors of interpretation of criminal law that may exist in the methodology, such as "an independent interpretation of criminal character " " with a theory to beat another theory, " " lack of clarity " and other issues fallback provision. Meanwhile, for the illustrated method specific errors propose viable solutions. First, deal with the subjective element of criminal law interpreted according to the principle of legality in criminal law between the text and to grasp the fact that the subjective elements in order to guarantee the objectivity of the criminal law to achieve the purpose of the law. Secondly, against excessive interpretation.Contradictions rational view of the ambiguity of the legal texts and legal texts accuracy between.Finally, the importance of tradition and common sense. Criminal law should be interpreted China’s traditional culture and knowledge of cultural departure, blind legal transplant can not fundamentally solve the problem.Chapter 5, "conclusion." It is the full text of the summary and future research prospects. Interpretation of criminal law should be an open system, to cope with the complexity of traditional methods of judicial male method, we can consider the introduction of new analytical tools, research methods, such as economics, sociology of law and other laws. |
