From the Characteristic of the Criminal Law to See the Stand of the Interpretation about Criminal Law
Guo Xiao-hong
Abstract
Guo Xiao-hong
Abstract
The stand of the interpretation about criminal law is the theory of the target of the interpretation about criminal. It is about the attitude of the interpreter while interpreting the criminal law. Whether to keep the original meaning or keep it up with the world while interpreting the criminal. The different value,idea and the mode of different laws may have different need on the stand of the interpretation about the law. The criminal law is the representative of public law,it regulates the relations between the states and criminal,it directly concerns about the important rights such as life and freedom. The mode of the criminal law is explicit,and it let little space to judge while he is interpreting the criminal law. The civil law is the presentation of private law,it reflects the idea of agent,and the mode of it is abstract. The criminal law is different from the civil law,so the stand of the interpretation about criminal law is different from the interpretation about civil law. We should keep the rationality of formulation while interpreting the criminal law,we should adopt subjectivism more than objectivism.
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The stand of the interpretation about criminal law is the theory of the target of the interpretation about criminal. It is about the attitude of the interpreter while interpreting the criminal law. Whether to keep the original meaning or keep it up with the world while interpreting the criminal. The different value,idea and the mode of different laws may have different need on the stand of the interpretation about the law. The criminal law is the representative of public law,it regulates the relations between the states and criminal,it directly concerns about the important rights such as life and freedom. The mode of the criminal law is explicit,and it let little space to judge while he is interpreting the criminal law. The civil law is the presentation of private law,it reflects the idea of agent,and the mode of it is abstract. The criminal law is different from the civil law,so the stand of the interpretation about criminal law is different from the interpretation about civil law. We should keep the rationality of formulation while interpreting the criminal law,we should adopt subjectivism more than objectivism.
Key concepts: Law, Criminal law, Public law, Civil law (Civil law), Private law, Comparative law, Theory of criminal justice, Interpretation (philosophy)