The Principle that Crimes and Penalties are Prescribed by Criminal Law and Authoritative Interpretation of Criminal Law
LI Xi-hui
Abstract
LI Xi-hui
Abstract
The principle that crimes and penalties should be prescribed by criminal law is one of basic principles of criminal law of China.According to the principle,the offenders shall be convicted and punished in accordance with law.Articles of criminal law are somewhat abstractive,should be interpreted.As one of kinds of interpretations of criminal law,the authoritative interpretation of criminal law should be in the scope of the literal meaning.Among existed authoritative interpretations of criminal law,some of them surpass the literal meaning,violating the principle that crimes and penalties are prescribe by criminal law,it should be modified.
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The principle that crimes and penalties should be prescribed by criminal law is one of basic principles of criminal law of China.According to the principle,the offenders shall be convicted and punished in accordance with law.Articles of criminal law are somewhat abstractive,should be interpreted.As one of kinds of interpretations of criminal law,the authoritative interpretation of criminal law should be in the scope of the literal meaning.Among existed authoritative interpretations of criminal law,some of them surpass the literal meaning,violating the principle that crimes and penalties are prescribe by criminal law,it should be modified.
Key concepts: Criminal law, Law, Interpretation (philosophy), Criminal procedure, Scope (computer science), Political science, Meaning (existential), Psychology