Research On Expanding Interpretation In Application Of Criminal Law

Modern criminal law advocates to respect and safeguard human rights,so it is essential to punish the citizens carefully.But the law has its own inherent its historical limitations which is never all-encompassing.When happen to meet the unclear place to use the law,the decision depends on legal interpretation and explanation.This paper selects the expanding interpretation of the criminal law as research subject,explains its concept and makes detailed discussion and research on its application problems in criminal law.The main body of this paper is made up of four parts,except the introduction and conclusion:The first part makes an overview of expanding interpretation.we discuss the concept,category,object and basis of expanding interpretation.The conclusion of expanding interpretation is beyond the normal and within the possible meaning of an article.In addition,the object of expanding interpretation in my point of view should be an article of law and particular cases shall be same considered.Reasonable expanding is a helpful compensation to written law and exert an active role in fulfill the function of Criminal Law.The second part mainly discuss the difference between analogical interpretation and expanding interpretation,which are easily get confused.In addition,reasonable expanding interpretation is allowed in Criminal Law but analogical interpretation is baned.Therefore,there is an urgent need in forbidding analogical interpretation which may sound like expanding interpretation.In the third part of the passage,I mainly discuss the limits and ranges of expanding interpretation.The importance of expanding interpretation can not be denied.The limits and ranges of expanding interpretation shall limited not only by the penal code settle principle,but also the inherent principle inside itself.Therefore I put forward two kind of standard:The possibility of prediction of citizens and the necessity of punishment of act.The last part is a practical issue to expanding interpretation.The key to limit expanding interpretation is on judges.The standard and quality of a judge is often a decisive factor to the conclusion of an interpretation.In addition,the understanding of law of its citizens shall also be seriously considered.Therefore,I introduce few methods to limit expanding interpretation in the perspect of judge,and Judicial procedure.