The Judicial Interpretation Method of Criminal Law
Zheng Jun-nan
Abstract
Zheng Jun-nan
Abstract
The judicial interpretation method of criminal law is the issue questions in the science of the interpretation of criminal law. Among the methods of the analysis of criminal law, the method of literal analysis, as a traditional interpretation method, claims that law itself should be objective. So people must interpretative according to literature strictly to ensure the objectivity of interpretation of criminal law. The aims interpretation method claims that the interpretation of criminal law should follow certain aim is and people may not interpret it according to literature rigidly. This theory cares for how judges understand, interpretation and apply to provisions of the criminal law to realize the aims of the criminal law in the specific cases. So, in the method of the aim interpretation, the objectivism of the criminal law means legitimacy and justification.
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The judicial interpretation method of criminal law is the issue questions in the science of the interpretation of criminal law. Among the methods of the analysis of criminal law, the method of literal analysis, as a traditional interpretation method, claims that law itself should be objective. So people must interpretative according to literature strictly to ensure the objectivity of interpretation of criminal law. The aims interpretation method claims that the interpretation of criminal law should follow certain aim is and people may not interpret it according to literature rigidly. This theory cares for how judges understand, interpretation and apply to provisions of the criminal law to realize the aims of the criminal law in the specific cases. So, in the method of the aim interpretation, the objectivism of the criminal law means legitimacy and justification.
Key concepts: Interpretation (philosophy), Criminal law, Law, Criminal procedure, Judicial interpretation, Political science, Theory of criminal justice, Objectivity (philosophy)