On Contents of Interpretation in Criminal Law

Should the interpretation of the criminal organ be based on theory or on law? It is definite that it should be based on law. But the practices in criminal interpretation in China for a score years present that regulations about the criminal interpretations according to law and constitution have been neglected. The theory principles have been brought out by practices of the criminal interpretation for a score years:namely the constitution and law can not be suitable to the practices of the criminal interpretation. Instead of criminal law, penalty and crime are stipulated by judicial interpretation. Crime should be stipulated by law.This principle have become futile in judicial interpretation .The unity and authority of the criminal law, as the state important fundamental law confront challenge. This paper analyses and comments on the above-mentioned problems and phenomena.