2013Journal of Nanjing Normal UniversityRequires access

Real Logic behind the Judicial Interpretation of Criminal Law

Lin We

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Abstract

Although the supreme judicial authority always stresses judicial interpretation in accord with the legislative intent,actually it still utilizes objective interpretation based on specific purposes. Subjective interpretation is nothing more than a means to prove the justice of interpretation. Under the guidance of objective interpretations,the application of interpretation methods has no principle or order to follow. As a result,different interpretation methods are just used as different ways to justify different conclusions. Furthermore,logically speaking,objective interpretation corresponds closely to material interpretation,because under the control of objective interpretation,the practice of judicial interpretation without any limitation on interpretation methods will inevitably turn out to be a kind of material interpretation.

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What this paper is about

Although the supreme judicial authority always stresses judicial interpretation in accord with the legislative intent,actually it still utilizes objective interpretation based on specific purposes. Subjective interpretation is nothing more than a means to prove the justice of interpretation. Under the guidance of objective interpretations,the application of interpretation methods has no principle or order to follow. As a result,different interpretation methods are just used as different ways to justify different conclusions. Furthermore,logically speaking,objective interpretation corresponds closely to material interpretation,because under the control of objective interpretation,the practice of judicial interpretation without any limitation on interpretation methods will inevitably turn out to be a kind of material interpretation.

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Available abstract

Although the supreme judicial authority always stresses judicial interpretation in accord with the legislative intent,actually it still utilizes objective interpretation based on specific purposes. Subjective interpretation is nothing more than a means to prove the justice of interpretation. Under the guidance of objective interpretations,the application of interpretation methods has no principle or order to follow. As a result,different interpretation methods are just used as different ways to justify different conclusions. Furthermore,logically speaking,objective interpretation corresponds closely to material interpretation,because under the control of objective interpretation,the practice of judicial interpretation without any limitation on interpretation methods will inevitably turn out to be a kind of material interpretation.

Key concepts: Interpretation (philosophy), Judicial interpretation, Law, Legislature, Epistemology, Political science, Computer science, Philosophy

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