Real Logic behind the Judicial Interpretation of Criminal Law
Lin We
Abstract
Lin We
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.
A significance statement is not available in the OpenAlex record.
A contribution statement is not available in the OpenAlex record.
Method details are not available in the OpenAlex metadata.
Findings are not separately available in the OpenAlex metadata.
Limitations are not available in the OpenAlex metadata.
Application details are not available in the OpenAlex metadata.
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