Study On The Applicable Rules For The Purpose Interpretation Of Criminal Law

There are a series of problems in the the purpose interpretation of criminal law,such as unclear interpretation position,confusion of application order and validity level,and the lack of reasonable rules leading to improper analogical interpretation or arbitrary interpretation,so it is not only difficult to fully play to its superior function,but also easy to harm the principle of legality and individual interests.There are many drawbacks of existing purpose interpretation rules,which are hard to be effectively applied to judicial practice.Therefore,this paper plans to analyze and summarize the main difficulties in its application process,from the basic connotation and function of the purpose interpretation.On this basis,clearing the advantagerous choice of position and applicable rank.Then from three aspects of the boundary rules,the purpose determination rules and the goal interpretation process rules pointedly constructs the logical and normal restriction integration applicable rules.The paper is divided into two parts: introduction and text.The first chapter is the basic summary of the purpose interpretation of criminal law.It mainly introduces the development course,concrete meaning and basic function of the purpose explanation.The evolution from conceptual law to interest law,and then to evaluation law,to some extent,shows the necessity and rationality of being one of interpretation methods.On this basis,its purpose is to explore the normative aim of criminal law,in order to reasonably explain the text of criminal law.This method has the basic functions of making up for the uncertainty of norms,standardizing the application of other interpretation methods,and balancing the general justice and case justice of criminal law application.Comparing to other methods,it also has the function of value accommodation and substantive evaluation.The second chapter is the analysis of the applicable dilemma of the purpose interpretation of criminal law.Playing the positive effect of criminal law application,the purpose interpretation also faces a series of problems.First,there are arguments about subjective and objective interpretation,formal interpretation and substantive interpretation,the uncertainty of position makes interpreters face the dilemmas of method choice and normative interpretation without a reasonable conclusion.Secondly,there is a dispute with other interpretation methods on the order and potency of application,which not only makes the purpose interpretation lack of guidance,but makes it difficult to ensure the objectivity and efficiency of judicial decision.Finally,the lack of specific applicable rules leads to the risk of arbitrary interpretation and analogic interpretation,especially when criminal policy involved in the interpreting,and its abuse risk expands more.The third chapter is the clarification of the application premise of the purpose interpretation.The position guides the interpreting direction,and the method rank provides the choice for interpreting.Clarifying them is the applicable premise.Firstly,on the standpoint,we should advocate the integration of subjective and objective interpretation theory,in which objective interpretation should be the basis,and the subjective interpretation should limit the excessive expansion of the former,under the guidance of the original legislative intention with reasonable sources.At the same time,we should adhere to substantive interpretation and link it with the purpose of normative protection under the legal principle.Then,in the application rank,the purpose interpretation has the dual orientation of idea and method,and the former is used to guide the application of criminal law to conform to its final purpose.Under this,only the literary interpretation belongs to the starting point of interpretation,and other methods need to be selected according to the interpreted object.In the order,the purpose interpretation is decisive within the scope of text possible meanings,but it also needs to meet the criterion of constitutionality.The fourth chapter is the integrated construction of the applicable rules of the purpose interpretation.The application of purpose interpretation needs to be carried out in an orderly manner within the determined scope,in order to guarantee the rationality of premise and the fineness of the process operation.Firstly,the legal principle of crime and punishment is abstract as the interpreting boundary of criminal law,and should be concretely transformed into two limited rules: the type of constituent elements and people’s acceptability.On the one hand,the former itself has the characteristics of limiting the interpretation of purpose,plus some protectable legal interests and normative purposes as criteria,which can play a more substantive normative role.On the other hand,the interpretation conclusion should be accepted by the general people,which includes term’s meaning and the explained effect,not only the judgment of the conviction or not and the severity of the sentence.In addition,the principle that remaining doubts should be beneficial to the defendant can only be regarded as the evident principle,not the principle of application of criminal law.When using up methods without drawing a proper conclusion,the application of this principle is only a balance between the reasonableness and justice.Secondly,the normative purpose should take the criminal law provision as the center to carry on the systematic investigation,namely in the social order scope takes the provision as the basis,orderly from its outside to the internal,and normative purpose also determines the scopes and degrees of legal interests.Finally,the specific process rules should be carried out orderly by internal and external regulation methods.First,with text meaning interpretation as the starting point,the purpose interpretation must start from it,in which the core meaning should determine from the general semantics,the general objective semantics,the law specialized meaning and the concrete situation.Second,the system interpretation,historical interpretation provide the normative process observation for the purpose interpretation,the former should be used within the scope of limited law order from the internal to external of criminal law provisions,and the latter can only be reviewed in the case of clear legislative intent.Third,the principle of proportion is used to verify the legitimacy of the purpose,the necessity of the means of criminal law,and the balance between the purpose and the effect of law application.Finally,it is expected to realize the integration of the application of purpose interpretation,and to provide a more feasible and efficient systematic interpretation scheme for judicial practice.