The Objectivity of the Interpretation of Criminal Law and It's Achieving Path
YU Xiao-hai
Abstract
YU Xiao-hai
Abstract
The objectivity of the interpretation of criminal law should be that of social cognition or social interpretation,which is mainly shown by whether the public accept the interpretation of criminal law and the criminal justice according to the interpretation of criminal law.So the standard of the objectivity of the interpretation of criminal law is the people's acceptability.The people's acceptability of the interpretation of criminal law includes two aspects:the common sense interpretation of criminal law and the reasonable interpretation of criminal law.At present,the specific kind of state is the unification of the legal effects and social effects,and also the conscious choice or change on the charge in determining the nature of a case.The path of people's acceptability of the interpretation of criminal law depends on the main body of interpretation,results-oriented interpretation of criminal law and the public opinion reflection mechanism.
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The objectivity of the interpretation of criminal law should be that of social cognition or social interpretation,which is mainly shown by whether the public accept the interpretation of criminal law and the criminal justice according to the interpretation of criminal law.So the standard of the objectivity of the interpretation of criminal law is the people's acceptability.The people's acceptability of the interpretation of criminal law includes two aspects:the common sense interpretation of criminal law and the reasonable interpretation of criminal law.At present,the specific kind of state is the unification of the legal effects and social effects,and also the conscious choice or change on the charge in determining the nature of a case.The path of people's acceptability of the interpretation of criminal law depends on the main body of interpretation,results-oriented interpretation of criminal law and the public opinion reflection mechanism.
Key concepts: Law, Criminal law, Interpretation (philosophy), Theory of criminal justice, Objectivity (philosophy), Public law, Criminal procedure, Criminal justice