Studies on the Basic Theory and Subject of the Interpretation of Criminal Law
WU Bing-xin
Abstract
WU Bing-xin
Abstract
In the criminal law circles, there are such main views as subjective interpretation, and synthetic of the basic theory of the interpretation of criminal law. Through the delicately analyzing of the above views, this paper, viewing from the relations of law paper and legislation purpose, objective interpretation and the principle of no criminal and penalty without and the merit of security and justice of criminal law, demonstrates the reasonableness of interpretation, meanwhile, does some modification about it. According to the basic theory of the interpretation of criminal law, the writer, concerning about the modern criminal law theory, points out that the subject ought to be limited within the superior people's court whose interpretations have general power and the committee of judgement and the judges whose interpretations have individual power.
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In the criminal law circles, there are such main views as subjective interpretation, and synthetic of the basic theory of the interpretation of criminal law. Through the delicately analyzing of the above views, this paper, viewing from the relations of law paper and legislation purpose, objective interpretation and the principle of no criminal and penalty without and the merit of security and justice of criminal law, demonstrates the reasonableness of interpretation, meanwhile, does some modification about it. According to the basic theory of the interpretation of criminal law, the writer, concerning about the modern criminal law theory, points out that the subject ought to be limited within the superior people's court whose interpretations have general power and the committee of judgement and the judges whose interpretations have individual power.
Key concepts: Interpretation (philosophy), Law, Criminal law, Criminal procedure, Subject (documents), Theory of criminal justice, Criminal justice, Political science