| In the criminal code,the legal term "et cetera" involves 268 articles of criminal law,which appear as many as 457 times.To a certain extent,the legislative technique of using the word "et cetera" gives more flexibility and coverage to the norms of criminal law.But at the same time,when applying the criminal law norm with the word "et cetera",the judiciary is at a loss because of its generalization and vagueness.Moreover,with the introduction of the criminal law revision case,the number of "et cetera" words in the criminal code of our country is increasing.Also the understanding and interpretation of the word "et cetera" has become a factor which cannot be ignored in making a legal and reasonable criminal judgment.The different understanding of the word "et cetera" directly affects and determines the crime and non-crime,the identification of the crime and the other crimes,and the penalty discretion,et cetera.Therefore,how to correctly understand the word "et cetera" is a difficult problem left by the text of the criminal law.The word "et cetera" in criminal law has its unique type attribute.Just as criminal law scholars,Jurists often use the terms of "uncertain legal concepts","vague words" and "bottom clauses" to study them.It is more appropriate to call the words"et cetera" as "illustrative generality words".It is beneficial to the further study of the rules of criminal law interpretation.The scholars’ research on "et cetera"of the criminal law interpretation rule is rare,even if there are,which mostly scattered in other subjects.In the current study,only"the basic concept of criminal law interpretation rules","The relationship between the rules of Criminal Law interpretation and the methods of Criminal Law interpretation"has not yet have a common consensus.The rules of criminal law interpretation should be a simple thinking criterion which can be followed in the course of application of criminal law norms to guide the legal person to obtain reasonable and proper judicial results.The study on the rules of Criminal Law interpretation of the word "et cetera"can provide a set of operability with logical thinking for judges,a process of saving tedious thinking,and save judicial resources.At the same time,it also gives people a pair of eyes through the process of legal interpretation,which makes the process of legal application clear and enhances the acceptability of interpretation results.The rule of legality requires that the interpretation of criminal law can only be carried out within the broadest possible meaning,and the rule of reasonableness requires that the result of the interpretation in the plural must be the one that is most suitable for the criminal law norm and acceptable.This is the general interpretation rule that should be followed in the interpretation of the word "et cetera",and the unique typological attribute of the word "et cetera" creates conditions for the application of the similar interpretation rule,because the similar interpretation rule itself is a concrete form of abstract stereotyped thinking.The interpretation of the word "et cetera" also needs to follow the rules of purposive interpretation,because the two rules are one and two sides,inseparable whole.The similar interpretation rules are the superficial expression of the purposive interpretation rules and the exposure of the most direct meaning of life in the meaning of the word "et cetera",while the purposive interpretation rules included the purpose of legal interest protection of criminal law have limited and selected the results of the same interpretation in essence.In short,the similar interpretation rules are facet,and the nature and characteristics of the legal interests of the purpose and normative protection determine that the word "et cetera" should follow the "similar interpretation rules"."Other dangerous methods" is a kind of typical examples and general words,and the recognition of "dangerous method" in judicial practice is also the most important.Therefore,to study it as a typical example is an interpretation of "dangerous method".It is also an attempt and verification of the judicial application of the rules of criminal law interpretation of the word "et cetera". |
