2009Journal of Shandong UniversityRequires access

Regulation on Criminal Law's Interpretation

Zhen Li

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Abstract

Interpretation of the criminal law is the basal way in the course of applying the criminal law.In their judicial practice,judges apply the pure law to specific cases by citing the interpretation.Accordingly,the judges are the subject of the interpretation of the criminal law.However,judges' interpretation is not arbitrary.The question follows is how to regulate the interpretation of the criminal law? The author thinks that the interpretation of criminal law should be regulated both internally and externally.External regulation should be made via sticking to the principle of crimes and punishment stipulated by law and stare decisis.Internal regulation could be realized by the judges' belief in law and their respect for law texts.

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Interpretation of the criminal law is the basal way in the course of applying the criminal law.In their judicial practice,judges apply the pure law to specific cases by citing the interpretation.Accordingly,the judges are the subject of the interpretation of the criminal law.However,judges' interpretation is not arbitrary.The question follows is how to regulate the interpretation of the criminal law? The author thinks that the interpretation of criminal law should be regulated both internally and externally.External regulation should be made via sticking to the principle of crimes and punishment stipulated by law and stare decisis.Internal regulation could be realized by the judges' belief in law and their respect for law texts.

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Available abstract

Interpretation of the criminal law is the basal way in the course of applying the criminal law.In their judicial practice,judges apply the pure law to specific cases by citing the interpretation.Accordingly,the judges are the subject of the interpretation of the criminal law.However,judges' interpretation is not arbitrary.The question follows is how to regulate the interpretation of the criminal law? The author thinks that the interpretation of criminal law should be regulated both internally and externally.External regulation should be made via sticking to the principle of crimes and punishment stipulated by law and stare decisis.Internal regulation could be realized by the judges' belief in law and their respect for law texts.

Key concepts: Law, Criminal law, Interpretation (philosophy), Punishment (psychology), Political science, Public law, Criminal procedure, Judicial interpretation

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