On choice and application of criminal law interpretation methods
Yanjun Ren
Abstract
Yanjun Ren
Abstract
Criminal application is a process of criminal law interpretation.There is a variety of interpretation methods in criminal law.When applied to specific case,whether the conclusion is reasonable and the achievement of specific justice is made depend on the choice and application of the interpretation.There is a legal hierarchy in the application of the several interpretation methods which have independent significance.Literal analysis is the preferred method.When several results come out by means of literal analysis,the system interpretation should be used.Aims interpretation is the final method.
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Criminal application is a process of criminal law interpretation.There is a variety of interpretation methods in criminal law.When applied to specific case,whether the conclusion is reasonable and the achievement of specific justice is made depend on the choice and application of the interpretation.There is a legal hierarchy in the application of the several interpretation methods which have independent significance.Literal analysis is the preferred method.When several results come out by means of literal analysis,the system interpretation should be used.Aims interpretation is the final method.
Key concepts: Interpretation (philosophy), Variety (cybernetics), Literal (mathematical logic), Criminal law, Law, Criminal justice, Criminal procedure, Hierarchy