A Study on the Stand of the Interpretation about Criminal Law According to Historical View——Advocating the subjectivism

The interpretation of criminal law has experienced from subjectivism to objectivism.Now,the objectivism is becoming a trenchant theory in the world.In different period the subjectivism and objectivism has different position.After the period of abusing the criminal law and rule of man,people put much expectation on legislator,people need subjectivism in the interpretation of criminal law.As accelerating the course of rule of law,people are not content to the stability of law,they hope that law become fair and just in essence.The objectivism that revealing the essence of law by social development and abiding criminal law but not incarcerated in it becomes the characteristic in the interpretation of criminal law.From historical view,we'll find the idea of rule of law,the qualities of judge,the time of the implement of criminal law has a close relationship while choosing the stand of the interpretation about criminal law.Our country has experienced thousands of years that rule of man,the establishment of rule of law is just beginning,the qualities of judge need heightening,and the criminal has been put into use only ten years,all of this request us to adopt the subjectivism.