The Ideology and Application of Criminal Law Interpretation

Criminal application is a process of criminal law interpretation.There is a variety of interpretation methods in criminal law,when applied to specific cases,how to choose and arrange to make reasonable conclusions and achieve justice refers to the question of criminal interpretation rule.There are mainly three arguments regarding to the aim of the criminal law interpretation in the criminal academic circles: the theory of subjectiveness,the theory of objectiveness and that of eclecticism.In fact,the value purport and existential mission of the principle of legality is the starting point of the creation of the theory of criminal law interpretation and the design of interpretation rule.The application interpretation of criminal law should take the literal interpretation as the rule,then the logical interpretation as a supplement,advancing in the sequence of literal interpretation,then system interpretation,then the history interpretation,and the constitutional interpretation as the last dependence.