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On the main method of interpretation of criminal law

Author: LvWenJing
Tutor: YuYiSheng
School: Heilongjiang University
Course: Criminal Law
Keywords: Criminal law explanation system Criminal law explanation idea Criminal law explanation method The legislation explained Judicial interpretation
CLC: D914
Type: Master's thesis
Year: 2009
Downloads: 71
Quote: 0
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Abstract


“Every law must explain that the legal term takes various daily lives much, must add the exposition; The indefinite legal concept, must perform the concrete application;Conflict of the Chinese abstract laws and regulations, must perform well distributed. Therefore, explanation of the legal is becomes the law to be suitable the basic question. The law must by way of the explanation, only then be able to be suitable. The criminal law explanation is in a legal explanation essential branch. The criminal law explanation is the connection abstract criminal activity legislation and the concrete criminal justice’s bridge, when utilization, regardless of being the criminal legislation or the criminal justice activity cannot leave the criminal law the explanation, only then through explanation, Can have the boost and grasps the criminal law stipulation in our correct understanding the meaning and the spirit, can make the unification correct implementation in the judicial process based on the criminal law basic principle, makes up certain flaws and the crack. But“the criminal law explained that the system”means some thing interior each integrant part combination forms structure. It is a important concept in the system theory .Any thing may regard as is a system。“System’s various essential factors through the structure only then the organization are an integrated system, the structure are more reasonable, system’s each part of between interaction is more coordinated, the system can achieve in the whole superiorly.”The author in view of our country in the criminal law explanation’s present situation, inquired into that the consummation criminal law explanation system’s type, seeks the reasonable solution.

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