2009Legal ForumRequires access

On the Basis of Judicial Interpretation of the Criminal Code

LI Zi-ping

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Abstract

The limitations of criminal law,the application of criminal law norms and the the ambiguity of language criminal law determines the necessity of explanation.In our country,the judicial interpretations of criminal law which formulated by the main statutory has fully explained for the legal basis.Therefore,any negative opinion isn't advisable.Actually,China's long history of tradition and incompleteness of the Criminal Code make the general legal effect of judicial interpretation reasonable,which is published by the highest judicial organ.However,the low quality of judges in China has been a major obstacle for the judges to enjoy the power of judicial interpretation of criminal law exclusivly.

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What this paper is about

The limitations of criminal law,the application of criminal law norms and the the ambiguity of language criminal law determines the necessity of explanation.In our country,the judicial interpretations of criminal law which formulated by the main statutory has fully explained for the legal basis.Therefore,any negative opinion isn't advisable.Actually,China's long history of tradition and incompleteness of the Criminal Code make the general legal effect of judicial interpretation reasonable,which is published by the highest judicial organ.However,the low quality of judges in China has been a major obstacle for the judges to enjoy the power of judicial interpretation of criminal law exclusivly.

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Available abstract

The limitations of criminal law,the application of criminal law norms and the the ambiguity of language criminal law determines the necessity of explanation.In our country,the judicial interpretations of criminal law which formulated by the main statutory has fully explained for the legal basis.Therefore,any negative opinion isn't advisable.Actually,China's long history of tradition and incompleteness of the Criminal Code make the general legal effect of judicial interpretation reasonable,which is published by the highest judicial organ.However,the low quality of judges in China has been a major obstacle for the judges to enjoy the power of judicial interpretation of criminal law exclusivly.

Key concepts: Law, Criminal procedure, Criminal law, Criminal code, Political science, Interpretation (philosophy), Ambiguity, Judicial interpretation

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