The Aim Of Subjective And Objective Interpretation Of Criminal Law And The Way Out

Criminal law interpretation is not only necessary,but also an important way to ensure the correct and reasonable application of criminal law.Around the target of criminal law interpretation,the subjective interpretative theory and the objective interpretative theory respectively with the "legislative intention" and "objective meaning" launched a fierce debate.Based on the review of the development history of the subjective and objective interpretation of criminal law and the analysis of their specific points of view and argumentation,the author thinks that the absolute subjective interpretation may lead to the exhaustion of the vitality of the criminal law,while the absolute objective interpretation is in danger of breaking away from the principle of legality.At the same time,through the analysis,it is found that the two camps actually have a dialectical relationship of "there is an inseparability in me,there is an inseparability in me",so it is possible to adopt the position of criminal law interpretation to eliminate their differences.However,there are inevitable defects in the traditional eclectic theory of criminal law interpretation,so we should find another way to establish a new eclectic theory of criminal law interpretation.Through the empirical examination,it is concluded that the operation of "objective subjective interpretation theory" is effective,which can not only solve the problems existing in the traditional compromise theory,but also make the dialectical unity between subjective interpretation theory and objective interpretation theory,so it can be regarded as a path to the correct interpretation of criminal law.