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Study On Legislative Interpretation Of Criminal Law

Posted on:2013-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:X Q LuoFull Text:PDF
GTID:2256330374974475Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Legislative interpretation of Criminal Law is an important branch ofinterpretation of Criminal Law,it was established in1949, although it experienced along history,it was not get ground.Since1949,the legislative interpretation of CriminalLaw was improved step by step,aimed at improving the legislation of Criminal Lawand making up for the defects of it.To give a right guidence to judicial practice,tosolve problems in judicial practice,achieving judicial justice.As a independent system,the legislative interpretation of Criminal Law wasinextricably linked with the legislation of Criminal Law.Its purpose was to explain theprovision of Criminal Law,it was not only dependent on the legislation of CriminalLaw,but also independent of it.The shortcomings of statute need the help of thelegislative interpretation of Criminal Law,and consolidate the status of it.On the basis of the independent of the legislative interpretation of CriminalLaw,we should realize that there exist factors that obstacle to the development of it,ifwe ignore them,these factors may be exist for a long time and have a continual badinfluence.Nowadays,our country has only9legislative interpretation of Criminal Law,atthe same time,the judicial interpretation of Criminal Law is excessive prosperity.Inpractice,there does exist the phenomenon that matters should be resolved bylegislative interpretation of Criminal Law but actually by judicial interpretation ofCriminal Law,which makes legislative interpretation of Criminal Law increasingly shrinking.To some extent,it was because the law of legislative interpretation ofCriminal Law is not perfect,in addition the supervision of the work of legislativeinterpretation of Criminal Law does not in place.we should improve the law,at thesame time strengthen the supervivion of it,let legislative interpretation of CriminalLaw play its due role,consolidate its rightful place.
Keywords/Search Tags:Criminal Law, Legislation, Interpretation
PDF Full Text Request
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