2011Beifang faxueRequires access

On the Effect,Border and Restriction of the Objective Interpretation of Criminal Law

Zhao Yun-fen

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Abstract

The objective interpretation of criminal law lays ground in both theory and practice.In the whole system of criminal law interpretations,it is too simple to say that the objective interpretation is either complementary or decisive;rather it should be analyzed on specific issues.The boundary of objective interpretation relates to literal interpretation,historical interpretation and systemic interpretation.The objective interpretation is applied to complex situations and often with non-normative factors involved.Therefore,it is suggested to restrict this approach from such aspects as of substantive regulations,judicial proceedings and judicial techniques.

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What this paper is about

The objective interpretation of criminal law lays ground in both theory and practice.In the whole system of criminal law interpretations,it is too simple to say that the objective interpretation is either complementary or decisive;rather it should be analyzed on specific issues.The boundary of objective interpretation relates to literal interpretation,historical interpretation and systemic interpretation.The objective interpretation is applied to complex situations and often with non-normative factors involved.Therefore,it is suggested to restrict this approach from such aspects as of substantive regulations,judicial proceedings and judicial techniques.

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Available abstract

The objective interpretation of criminal law lays ground in both theory and practice.In the whole system of criminal law interpretations,it is too simple to say that the objective interpretation is either complementary or decisive;rather it should be analyzed on specific issues.The boundary of objective interpretation relates to literal interpretation,historical interpretation and systemic interpretation.The objective interpretation is applied to complex situations and often with non-normative factors involved.Therefore,it is suggested to restrict this approach from such aspects as of substantive regulations,judicial proceedings and judicial techniques.

Key concepts: Interpretation (philosophy), Normative, Judicial interpretation, Law, Criminal law, Political science, Epistemology, Philosophy

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