2006Unpublished venueRequires access

Consideration over Legislative Interpretation for Criminal Law in China

LI Jin-yu

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Abstract

Interpretation of the Criminal Law in China serves not only as an important tool to develop and perfect the legislation of Criminal Law,but also as a bridge to connect legislation with judicature.However,legislation of Criminal Law in China is rather backward both in academic research and in concrete practice.Therefore,it is important to improve and perfect it in the following aspects: to heighten the awareness of the importance of legislative interpretation,to strengthen the construction of agencies for the legislative interpretation,and to improve the quantities and qualities of legislative interpretation;to make reforms on judicial interpretation system of Criminal Law to transform it into a system which has the applicable interpretation of judge as its main body,and has the supreme judicial interpretation as its supplementary body so as to conform it to legislative interpretation of Criminal Law;to promote the formation of schools of Criminal Law and to make China's Criminal Law academic interpretation more effective in order to provide impetus or nutrients for the development and perfection of legislative interpretation of Criminal Law.

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Interpretation of the Criminal Law in China serves not only as an important tool to develop and perfect the legislation of Criminal Law,but also as a bridge to connect legislation with judicature.However,legislation of Criminal Law in China is rather backward both in academic research and in concrete practice.Therefore,it is important to improve and perfect it in the following aspects: to heighten the awareness of the importance of legislative interpretation,to strengthen the construction of agencies for the legislative interpretation,and to improve the quantities and qualities of legislative interpretation;to make reforms on judicial interpretation system of Criminal Law to transform it into a system which has the applicable interpretation of judge as its main body,and has the supreme judicial interpretation as its supplementary body so as to conform it to legislative interpretation of Criminal Law;to promote the formation of schools of Criminal Law and to make China's Criminal Law academic interpretation more effective in order to provide impetus or nutrients for the development and perfection of legislative interpretation of Criminal Law.

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Available abstract

Interpretation of the Criminal Law in China serves not only as an important tool to develop and perfect the legislation of Criminal Law,but also as a bridge to connect legislation with judicature.However,legislation of Criminal Law in China is rather backward both in academic research and in concrete practice.Therefore,it is important to improve and perfect it in the following aspects: to heighten the awareness of the importance of legislative interpretation,to strengthen the construction of agencies for the legislative interpretation,and to improve the quantities and qualities of legislative interpretation;to make reforms on judicial interpretation system of Criminal Law to transform it into a system which has the applicable interpretation of judge as its main body,and has the supreme judicial interpretation as its supplementary body so as to conform it to legislative interpretation of Criminal Law;to promote the formation of schools of Criminal Law and to make China's Criminal Law academic interpretation more effective in order to provide impetus or nutrients for the development and perfection of legislative interpretation of Criminal Law.

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

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