The Application of Legal Interest in Interpretation of Criminal Law
Jiang Lin
Abstract
Jiang Lin
Abstract
Legal interests have the function of restrictive interpretation to specific crime in the reverse direction.The choice of interpretation methods of criminal law must conform to the regulatory purpose of the crime,and should be conditioned by the legal interest of the crime.The interpretation of criminal law must consider the agreement and the sense of true or false of the public,the necessity and justice of the punishment to the conduct,and the consistency and application of law.When the result is basically in accordance with the regulatory purpose by literal interpretation,broad interpretation is inappropriate.When the result is not in accordance with the regulatory purpose by literal interpretation,broad interpretation is necessary.It is the same with narrow interpretation.
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Legal interests have the function of restrictive interpretation to specific crime in the reverse direction.The choice of interpretation methods of criminal law must conform to the regulatory purpose of the crime,and should be conditioned by the legal interest of the crime.The interpretation of criminal law must consider the agreement and the sense of true or false of the public,the necessity and justice of the punishment to the conduct,and the consistency and application of law.When the result is basically in accordance with the regulatory purpose by literal interpretation,broad interpretation is inappropriate.When the result is not in accordance with the regulatory purpose by literal interpretation,broad interpretation is necessary.It is the same with narrow interpretation.
Key concepts: Interpretation (philosophy), Law, Criminal law, Punishment (psychology), Consistency (knowledge bases), Criminal justice, Political science, Criminal procedure