| The process of application of criminal items is to combine the common criminal rules with respective cases. In the process, the meanings of the criminal items need to be interpreted, so the process of application is also the one of interpretation of the criminal items. There are varieties of interpretation of criminal law, which can be divided generally into legislative interpretation, judicial interpretation and theoretical interpretation, in which the two formers belongs to powerful interpretation with legal effects and the latter here will be a dismissal due to its having no effects, though it has certain significance in the application of criminal laws. Now the outstanding but contradictory question is also between legislative interpretation and judicial interpretation, which forms the dualistic systems of our criminal interpretations. In this system there are many conflicts, for instance, the conflict between criminal legislative interpretation and criminal legislation, the one between criminal judicial interpretation and criminal legislation, the one between criminal legislative interpretation and criminal judicial interpretation. These conflicts make great puzzles in the judicial practice, and the reason of these conflicts can be divided into two factors, the direct one and the systemic one, the former originates from the not-clear definitions between criminal legislative interpretation and criminal judicial interpretation resulting in the undue fulfilling their correct functions, and the latter comes from the inaccurate: orientation on the power of legal interpretation, i.e., the dualistic separations of it.With the rise of legal hermeneutic and after undergoing the three transition of it, the legal interpretation puts more emphases on the interpreter itself. In accordance with the development, criminal interpretation also has changes and progresses in its distribution and contents of the power, the circumstance and standpoint of practice .It is necessary to locate the right orientation of legal interpretation and reconstruct the system of legal interpretation between the three different systemic designs as followed, the one focusing on the legislative power, the one focusing on the judicial power and the one making relatively clear definitions between them, and our choice is that we should study the criminal interpretation and its system under the standpoint of the focusing on judicial power.After clearing the standpoint and system that we should have, the next work is to define the limitation and inner regulation to criminal interpretation. The limitation of criminal interpretation is, in essence, to find the legitimate ground for judicial decision, i.e., to guarantee the judge to make due implication of criminal interpretation and find the legislate decisions. The limitation of criminal interpretation should be defined within the behave norms recognized by the public, and be interpreted within the limit by the Principle of Legality and its value significance.Of course, during the process of applications, the difference between criminal interpretation and analogical system should be made known. Analogical thinking is the important thinking way in criminal interpretation; we can limit the expanded interpretation by the restrains of principle of legality .how to make the criminal interpretation follow the limitations we laid out? The answer is to regulate it. The regulation can be divided into two factors, the inner one and the outer one. We only explore the inner regulation here, because the inner one has the ultimate effect. The idea of value-freed cannot be realized in the practice of criminal interpretation and the value intentions of the interpreters will have great influence on the practice and result of interpretation. So, we should regard the respect to legal text of interpreter as the inner ground of criminal interpretation, and induct and regulate the value choice of the interpreters with the help of principle of legality. |
