The Entanglement of Criminal Legislative Interpretation Power with Legislative and Judicial Power
Lin Sheng Wei
Abstract
Lin Sheng Wei
Abstract
With the legislative interpretation power of criminal law coming into being and developing, the conflict among it ,the legislative interpretation power of criminal law and the legislative power occurs,which brings the new alteration to the judicial interpretation power system of criminal law. In reality, the confusion between the legislative interpretation power of criminal law and legislative occurs,moreover, the retroactive effect of the analogy invades the right of the defendant due to this kind of confusion. At the same time, owing to the confusion and mix between the object and the form of interpretation, the legislative interpretation power of criminal law overlaps the judicial interpretation power, consequently,to a great degree influences the structure of the judicial interpretation power of criminal law which belongs to the Supreme People's Court and the Supreme Procuratorate of China.
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With the legislative interpretation power of criminal law coming into being and developing, the conflict among it ,the legislative interpretation power of criminal law and the legislative power occurs,which brings the new alteration to the judicial interpretation power system of criminal law. In reality, the confusion between the legislative interpretation power of criminal law and legislative occurs,moreover, the retroactive effect of the analogy invades the right of the defendant due to this kind of confusion. At the same time, owing to the confusion and mix between the object and the form of interpretation, the legislative interpretation power of criminal law overlaps the judicial interpretation power, consequently,to a great degree influences the structure of the judicial interpretation power of criminal law which belongs to the Supreme People's Court and the Supreme Procuratorate of China.
Key concepts: Legislature, Judicial interpretation, Law, Interpretation (philosophy), Political science, Criminal law, Supreme court, Power (physics)