The Subject of Interpretation of Criminal Law
Xiao Liu
Abstract
Xiao Liu
Abstract
Criminal law cannot be applied without interpretation, however, the existent presupposition of interpretation is the subject of interpretation. Through the describing its actual subject this paper, viewing from the oneness of legal system, the character of the function of the three departments, and the basic theory of the objective interpretation of criminal law, the judge is its genuine subject. The article demonstrates that meanwhile it can be accomplished through three links: the judge understands, interprets and employs the laws and the cases China should establish its system on one level with multiclasses, with the superior court leading.
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Criminal law cannot be applied without interpretation, however, the existent presupposition of interpretation is the subject of interpretation. Through the describing its actual subject this paper, viewing from the oneness of legal system, the character of the function of the three departments, and the basic theory of the objective interpretation of criminal law, the judge is its genuine subject. The article demonstrates that meanwhile it can be accomplished through three links: the judge understands, interprets and employs the laws and the cases China should establish its system on one level with multiclasses, with the superior court leading.
Key concepts: Interpretation (philosophy), Presupposition, Subject (documents), Criminal law, Character (mathematics), Law, Function (biology), Epistemology