Study On Offside Criminal Law Judicial Interpretation

In recent years, Criminal Law Judicial Interpretation has played an increasingly important role in practice. On the overall situation in China,Offside Criminal Law Judicial Interpretation often appear, while the thought of a legally prescribed punishment for a specified crime has not won the support among the people. The main part of Offside Criminal Law Judicial Interpretation are unreasonable analogy interpretation and restrictive interpretation. The interpretation which deprived national forecast possibilities and destroyed legal certainty and stability, contraried to Principal of a Legally prescribed Punishment for a specified Crime. What is more, it damaged the functioning of the criminal law protection of human rights in China. Therefore, it is necessary to study Criminal Law Judicial Interpretation to the point of offside interpretation and find the theoretical and practical significance in the process of Construction of the rule of law and the harmonious society. Whether the Criminal Law Judicial Interpretation is offside and how to define its range depends on the view of Criminal Law Judicial Interpretation. According to the current rule of law concept, we should insist on the Subjective interpretation of the concept. With this concept, Offside Criminal Law Judicial Interpretation is essentially the fact that the judiciary denies the Legislative intent based and creates unreasonable expanding interpretation and restrictive interpretation on a variety of needs and objectives. At last, Offside Criminal Law Judicial Interpretation appear, which is illegal and prohibited. While we properly grasp the Substance Offside Criminal Law Judicial Interpretation and regulate the Offside Criminal Law Judicial Interpretation, we could avoid offside interpretation by some measures. Only in this way, can we have a better condition of Criminal Law Judicial Interpretation and the construction of law.