Research On Criminal Law's Explanatory Limitation

Interpretation of criminal law is generally believed that the norms of criminal law to clarify the meaning,。In a certain sense, the criminal law interpretation is the core of criminal law, the criminal law has been called to explain the life of the Penal Code. And as the first basic principles of criminal law principle of legality requirements of criminal law must have clearly defined characteristics, but the clarity is not entirely clear to need explanation, as the carrier of words as the Criminal Law, of the inherent ambiguity, rheology and ambiguous and other characteristics, it can not be completely formalized, as with the number or symbol that has the accuracy of the character. Therefore, only by bridging the Criminal Law and Criminal Law in order to explain the specific facts of the case and between the "cracks" in order to achieve the purpose of the legislators, but also to complete the mission of the judiciary. The principle of legality requires "law does not a crime, law does not punish," so this requires interpretation of the criminal law must be "clear" interpretation of the provisions of the Criminal Law as the limit, so the problems will limit the interpretation of criminal law This initiated.In the first part of this thesis, the author first discusses the principles of criminal law and criminal offense to explain the relationship between: the delineation of the criminal law principle of legality to explain the scope and limits of the criminal law the principle of interpretation is a necessary requirement of legality. Also, explain the criminal law determines the orientation of the specific interpretation of the scope and limits of the contents of the issue, the authors explain the concept of subjective interpretation and objective view of the comparative analysis, interpretation of taking an objective view of the doctrine, which laid the interpretation of the author of Criminal Law limits to the basic position.Criminal law norms in the interpretation of the time, to determine whether a conclusion beyond a reasonable meaning of Criminal Law is often extremely difficult, mainly for its controversial conclusion that the expansion of what is a reasonable explanation or contrary to the analogy to explain the principle of legality. Therefore, a reasonable explanation to explain the limits of the problem with the analogy to explain the limits of criminal law is the core issue. Therefore, the second part of this paper, the limiting factor in expanding the interpretation of terms, focusing on a reasonable interpretation of the expansion of the limits of interpretation and analogy questions, the author of the traditional doctrines one by one assessment, especially for "the context of the possible," said boldly challenged, and the author made his point of view, addition, interpretation of the other two, of course, interpret and explain the limits Limit of a simple question of. In this third part, explain the limits of criminal law as closely related with the problem, I will be thinking by analogy, the Chinese and foreign criminal law field is very controversial issues, the bold exploration and analysis, comparison defined by analogy to explain, by analogy with forth the concept of these three different thinking, affirmed the existence of objective thinking by analogy and significance, and analysis of criminal law analogy for the process of thinking in the use and limits of specific issues.Guides explain the practice of criminal law, so in the fourth part of this article, the author explained the current judicial interpretation of criminal law beyond the limits of the status of the study, explained that beyond the limits of the current judicial interpretation of many examples of interpretation, interpretation or performance of these judicial contrary to the basic theory of criminal law, beyond the context to explain the contents of, or extrajudicial legislation, or even the defendant's analogy is not conducive to interpretation, the reason is that the principle of legality does not fully comply with the basic requirements. For the present situation, based on their actual situation and the relatively advanced by drawing on foreign experience in criminal law interpretation, the author also put forward some countermeasures to improve on the current judicial interpretation.