2006Fazhi yu shehui fazhanRequires access

Question Justly to the Interpretation of Criminal Law

Jiaxin Li

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Abstract

Criminal law interpretation, as the bridge and link between the criminal legislation and appliance of the penal code, is the important way to reveal justice. As the evaluating system and standard of the law, justice is in the text of the law, and is embodied beyond the interpretation of the law. The justice of criminal law interpretation demands that, for conforming to the substance justice of the interpretation, criminal law should be treated reasonably, objectively and justly, so as to achieve the claim of the human nature and modest; in order to achieve the formal justice, it should be in the range of the text of criminal law, and defer to the procedural rules to interprete from the historic and social perspective when the literal meaning can’t be self-satisfied. For maximizing the union of the substance justice and formal justice when interpreting the criminal code, interpreters should defend the stability and ideals of criminal law, and facilitate to realize the justice of criminal law.

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Criminal law interpretation, as the bridge and link between the criminal legislation and appliance of the penal code, is the important way to reveal justice. As the evaluating system and standard of the law, justice is in the text of the law, and is embodied beyond the interpretation of the law. The justice of criminal law interpretation demands that, for conforming to the substance justice of the interpretation, criminal law should be treated reasonably, objectively and justly, so as to achieve the claim of the human nature and modest; in order to achieve the formal justice, it should be in the range of the text of criminal law, and defer to the procedural rules to interprete from the historic and social perspective when the literal meaning can’t be self-satisfied. For maximizing the union of the substance justice and formal justice when interpreting the criminal code, interpreters should defend the stability and ideals of criminal law, and facilitate to realize the justice of criminal law.

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Available abstract

Criminal law interpretation, as the bridge and link between the criminal legislation and appliance of the penal code, is the important way to reveal justice. As the evaluating system and standard of the law, justice is in the text of the law, and is embodied beyond the interpretation of the law. The justice of criminal law interpretation demands that, for conforming to the substance justice of the interpretation, criminal law should be treated reasonably, objectively and justly, so as to achieve the claim of the human nature and modest; in order to achieve the formal justice, it should be in the range of the text of criminal law, and defer to the procedural rules to interprete from the historic and social perspective when the literal meaning can’t be self-satisfied. For maximizing the union of the substance justice and formal justice when interpreting the criminal code, interpreters should defend the stability and ideals of criminal law, and facilitate to realize the justice of criminal law.

Key concepts: Law, Theory of criminal justice, Criminal law, Criminal justice, Criminal procedure, Political science, Interpretation (philosophy), Public law

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