Restraint and Rationality:Internal and External Perspectives of the Limits of Criminal Law Interpretation

Pre-understanding affects the interpretation of criminal law,and thus affects the limits of criminal law interpretation.It is necessary to rationalize pre-understanding so as to control effectively its negative impact on and facilitate its positive role in probing into the limits of interpretation.Public desire from society plays an important part in exploring the limits of interpretation of criminal law,but as a descriptive reason,it is not legally justified;public desire must be considered in the scope of legal standards,and it should be included rationally and legally.National public policy and criminal policy have a fundamental,substantial impact on the limits of criminal law interpretation.In order to control the expansion of excessive interpretation of the state's public and criminal policy on criminal law,it is necessary to integrate the public and criminal policy into law governance: first,we shall integrate the public and criminal policy into the traditional criminal law governance—power discourse system,with constant power discourse limiting random authority relations;second,considering the nature of behavior which harms the society,we shall decide whether to involve the substantial influence of policy based on the necessity,possibility and the benefits of using penalty.