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Methods of Interpretation of Criminal Law under the View of Principle of Legality

Author: ZhaoDong
Tutor: HePing
School: East China University of Political Science
Course: Criminal Law
Keywords: Principle of legality Methods of Interpretationof Criminal Law The Rank
CLC: D914
Type: Master's thesis
Year: 2012
Downloads: 171
Quote: 0
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Abstract


Principle of legality is known as "the basic principle of criminal law", its valueand function can not be replaced by the other principles of criminal law. In1997thenew penal code of China in third established the principle of legality. But theprinciple of legality is legal change, does not mean that realization of the principle oflegality. Interpretation of criminal law how to carry out the principle of legality, is theeternal subject of criminal law.Criminal law should be applied through interpretation, principle of legality as themost important and basic principle of criminal law, has important guidance andrestriction function to the interpretation of criminal law. Methods of criminalinterpretation as the core of the interpretation of criminal law, will no doubt be guidedby the principle of legality. Therefore, research on methods of interpretation ofcriminal law under the view of principle of legality, has very important theory andrealistic meaning. Besides the introduction and conclusion, this article altogether isdivided into four parts.The first chapter is about the introduction of the principle of legality. Theideological origin of the principle of legality is theory of separation of the threepowers and theory of psychological compulsion. The principle of legality is based ondemocracy and theory of human respect. According to the modern theory of criminallaw, the principle of legality is divided into two sides, form and essence of side side, the organic combination of the two had become carry out the statutory principle ofcrime and penalty of the uniform requirements.The second chapter is about the basic category of methods of interpretation ofcriminal law. The first section is an overview of methods of criminal lawinterpretation theory. In the second section, the author thinks, the judicialinterpretation method of criminal law can be divided into three categories: the firstcategory is the direct interpretation; second category is the logical interpretation,including system interpretation, historical interpretation and teleological explanationin three; third is the other methods of interpretation, including the amplifiedinterpretation, interpretation, of course, against the narrow interpretation,interpretation comparative interpretation.The third chapter is on the principle of legality constraints of criminal lawinterpretation. Mainly discusses the legal principle of crime and punishment on themethods of criminal law interpretation has decisive significance in the semanticinterpretation, interpretation and the most controversial of the restriction andinfluence of.The fourth chapter is on the rank between different methods of interpretation ofcriminal law. The author first analyzes various academic tradition, which advocates,various methods of criminal interpretation between the relationship of position in thecrime punishment legal principle requirement, in the following order: the first is thesemantic interpretation of arrangement, then the system interpretation, once again,history explanation, finally is the objective interpretation.

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