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On the Criminal Trial of Objective Interpretation

Author: LiYuanZuo
Tutor: ShangGuanZuoLiang
School: Suzhou University
Course: Legal
Keywords: Criminal trial Legal interpretation Objective to explain Application
CLC: D914
Type: Master's thesis
Year: 2011
Downloads: 31
Quote: 0
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Abstract


As a legal explanation method to explain the theory of criminal law in China has not been given sufficient attention, but in the practice of criminal law plays more and more important role. In the criminal trial, the judges consciously or unconsciously use a teleological method of interpretation to achieve the best effect of judgement. In China, since the reform and opening up, the introduction of a large number of scholars and signed by the western legal theories, including of course the hermeneutics of law, and to legal hermeneutics attention from 90 time later period to the present more and more high, especially for the purpose of interpretation has been debated.In this paper, the author attempts to sort out the basic theory of objective interpretation, clear objective interpretation has the power to interpret the main body, aggrandizement to explain the objective position, define the objective interpretation of the applicable scope, must aim to explain the positive effect and so on, strive through the criminal justice perspective, from the criminal law, judicial operation, making legal development perspective objective to explain the necessity and application status, and then summed up to explain in the real practice of law problems, and on this basis, from the perfect development aim to explain the theory, practice standpoint, by internal standard, the external environment two aspects to explain the application of enlightenment and guidance.The purpose of this paper is to explain the name for the purpose, stresses in the judicial practice of our country should pay attention to the use of teleological explanation, at the same time in the application process to explain the function and purpose of undesirable shortcomings, and actively looking for the relevant countermeasure, make the teleological method of interpretation in criminal judicial practice draw on the advantages and avoid disadvantages, can be fully and properly use.

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CLC: > Political, legal > Legal > UNIVERSITY > Criminal law
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