On the Objective Interpretation Standpoint and the Principle of Legality
Wang Zhengxu
Abstract
Wang Zhengxu
Abstract
Objective interpretation approach accords with the requirements of the principle of legality.Being the premise of objective interpretation,semantic interpretation limits the probable scope of the criminal text because the objective interpretation in criminal law is the combination of semantic interpretation with pragmatic interpretation,which makes pragmatic interpretation that causes the significance of the criminal text to be clear must comply with pragmatic deductive rule.Criminal interpretation has a series of institutional restrictions.So objective interpretation will not make the criminal interpretation and application at random,run counter to the foreseeability of the population and violate human rights.
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Objective interpretation approach accords with the requirements of the principle of legality.Being the premise of objective interpretation,semantic interpretation limits the probable scope of the criminal text because the objective interpretation in criminal law is the combination of semantic interpretation with pragmatic interpretation,which makes pragmatic interpretation that causes the significance of the criminal text to be clear must comply with pragmatic deductive rule.Criminal interpretation has a series of institutional restrictions.So objective interpretation will not make the criminal interpretation and application at random,run counter to the foreseeability of the population and violate human rights.
Key concepts: Principle of legality, Interpretation (philosophy), Premise, Law, Criminal law, Judicial interpretation, Epistemology, Political science