The Standpoint And Methods Of Criminal Law Interpretation

The interpretation of criminal law is a new as well as old theme. It not only aboutthe vitality of the criminal law, but also related to the life and liberty of citizens. Thisarticle is based on the theory of criminal law and judicial practice, in this article, theauthor tried to explain the standpoints and methods of criminal law interpretation.This paper is divided into three parts:The first part introduces the concept of criminal law interpretation, the correctinterpretation of the definition of the concept of criminal law must be interpreted inthe proper definition of the subject, the object, the purpose of the premise. Theexecutor of the interpretation includes both the NPC and its standing committee, thesupreme people’s court and the supreme people’s procuratorate, and any otherorganizations, social groups and individuals. The object of criminal law interpretationis the provisions of the criminal law, and the purpose of which is to explore the truemeaning of criminal law. Thus, interpretation of criminal law is a mining activitiesthrough which the NPC and its standing committee, the supreme people’s court andthe supreme people’s procuratorate and other organizations, social organizations andindividuals will do correctly application of the criminal law.The second part is the stand of the interpretation about criminal law, by makingsome analysis about the theory of subjective interpretation and the theory of objectiveinterpretation, the author point out that both of the theories have its own rationality.The legislative intent is exactly that and the objectivism doesn’t violet the principle oflegality. The dispute among the two theories is a exaggerated academic dispute.Scholars is lack of examples, stay in the argument theory caused incompatible forthem. This article believes that, the position of criminal law interpretation problem isthrough this illusion to seek the Lord, and objective interpretation of realcontradiction. Decisions to proceed with the project could be based on thisinformation. In other words, the interpretation about criminal law is not the single useof the subjectivism or the objectivism, it should, deep-dyed, finding the true conflictbetween them and act then. The author then expatiate the mechanization of thesubjectivism and the objectivism, at last the paper put forward its own viewpoint onthe interpretation about criminal law.The third part is the methods of criminal law interpretation, these methods are tools by which the criminal law interpretation finally made. How to find the field withlawmakers which have special judgment in accordance with the legislative intent toexplain it, and make the objectivism criminal law interpretation on enhancingadaptability, the answer is dependent on the specific application in criminal lawinterpretation methods. In this part, this paper analyzes the specific method ofinterpretation of criminal law, and put forward their views on the position of theinterpretation of criminal law.