The Advocation Of The Substantial Explanation Of Criminal Law In The Context Of Social Transformation

Throughout the history of human, the development of productivity often bringsthe change of the social mode of production, affects social management way andchanges people’s idea and way of life. Eventually it will lead to the transformation ofthe whole society. Currently China is in the stage of social transformation with thepurpose to be a legal state. In the transformation process, inevitably there will besome inevitable legal blind spots. In such cases, we must adhere to the principle of"based on facts and take law as the criterion". When law is applied, the judge shouldnot only strictly abide by the law, but also they should take the current situation inthe account. After that, they can choose the correct standpoint of law interpretationto explain the new legal phenomenon.This paper expounds some new legal problems of criminal law in the socialtransition. Throughout the overview of China’s social transition, the argumentsbetween the different standpoints now, it expresses the author’s promotion ofinterpretation on substance. In the latter part, it uses the interpretation on substanceto explain the controversial concepts of criminal law. Through the detailedelaboration, it expressed that the interpretation on substance is the best standpoint ofthe contested concepts in criminal law.