2009•Journal of China West Normal UniversityRequires access

The Conflict and Coordination between Principle of a Legally Prescribed Punishment for a Specified Crime and Criminal Judicial Interpretation

Zuo Yong

Abstract

Principle of a legally prescribed punishment for a specified crime has been established in new criminal code,which symbolizes that legal construction is in progress in our country.Principle of a legally prescribed punishment for a specified crime is widely observed by the judges,while the judge's personal opinion is also involved in the specified case judicial interpretation,which causes the conflict between them.The conflict has made the theoretical world of criminal law newly examine the meaning of principle of a legally prescribed punishment for a specified crime,and try to find out the relation between principle of a legally prescribed punishment for a specified crime and judicial interpretation,which aims at finding out the best way to coordinate the two.

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Key concepts: Punishment (psychology), Interpretation (philosophy), Law, Criminal law, Political science, Judicial interpretation, Criminal code, Meaning (existential)