Whose Objective? Which Explanation?:The Reflection on the Objective Interpretation of Criminal Law

The rise of objective interpretation method has close relation with the science of interest law. In the science of criminal law,objective interpretation claimed that it accepts the restriction of criminal law text,but this position in the interpretation of the specific crimes is usually abused. The objective interpretation exists risk of random interpretation. The conclusions of objective interpretation may not be consistent with the objective reality. The priority of the objective interpretation may dispel the meaning of the criminal term. It is reflected that the use of the objective destroys the function of regulation of criminal law,and leads to the arbitrary choice of different crimes in the criminal law interpretation,thus affects the predictability of people's expectation. There exists dilemmas in the use of control function in the doctrinal study and constitutionality. It should be advocated that interactive interpretation and reflective equilibrium are formed in the process of restricting the objective interpretation.