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On Judicial Interpretation of Criminal Law

Author: DingBo
Tutor: LiuZhongWei
School: Shandong University
Course: Legal
Keywords: Judicial interpretation of the Criminal Law Two Schools Position Construction of the system
CLC: D924
Type: Master's thesis
Year: 2008
Downloads: 160
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Abstract

Criminal law judicial explanation is covered by foundation and prerequisite of criminal law accurately. The development history of judicial explanation of criminal law indicates the understanding of importance of judicial explanation and necessity has already made it jump out the cage that absolutely forbade the court or judge’s explanation criminal law. So, in the modern society, the judicial authorities of various countries are in this power of extensive use, thus "try hard to enable and coordinate about the relatively stable need and such conflicting requirement of need of changing".Certainly, our country is no exception, the Standing Committee of the National People’s Congress issued《the resolution on strengthening the work of legal explanation》in June of 1981, permit the Supreme People’s Court and the Supreme People’s Procurator (hereafter referred to as whether "two high"), employ the issue of the law to explain on administration of justice with procurator work specifically separately, this is a legislative authority of carrying on judicial explanation that "two-high".However, because of loopholes in the law in accordance with the law and illegal interpretation of the historical inertia, in the action operation of the legal interpretation have a major alienation. Starting from China’s history and current situation, learning from the mainland and the Common Law of the theoretical results,and expounding China’s Criminal Justice to explain the concept, principles, positions, methods, the effectiveness of time, author will be to build a scientific and reasonable for the conditions of our country’scriminal law Judicial Interpretation System. Author mainly use the analytic approach of the concept, demonstrate the induction, comparative analytic approach etc.in the style of writing.This text divides into four parts besides foreword and conclusion.The first part involves the concept, the characteristics and principles, the basic stance and aging issues of the judicial interpretation. There are major differences about these basic issues in the theory, some of which scholars theory is tit-for-tat. Based on these basic issues discussed, to clarify some of the misconceptions and confusion in the view, based on this, the author of a comparative analysis into a clear and correct view.The second part is for the Two Schools of the Western countries ,which is mainly explained the laws of the country to conduct investigations. Among them,in the civil law countries ancient Roman times through the Middle Ages until the legal interpretation of the contemporary ,the overall explanation is prohibited from the road to free interpretation; The United Kingdom and the United States represented by the common law countries have experienced the same explanation from prohibited explanation to the free interpretation of the change. Two Schools of the above-mentioned countries from the legal interpretation of the principle of changing, for judicial interpretation of China’s reform path, this changing has an important reference value in theory and in practice.Reflecting the judicial interpretation of the China’s Criminal Law and reviewing the judicial interpretation of China’s criminal law, author has revealed the existence of judicial interpretation of China’s criminal law issues in the first part, namely: In addition to the agencies authorized by law to judicial interpretation, there are still a large number of organs which have no right to separate or joint authority with the right to a judicial interpretation of the document; At the same time a large number of judicial interpretation breakthrough the existing text of the Penal Code standardized meaning of the Penal Code and waste, disposal, and change legislation, which not only violated the provisions of the Penal Code principle of legality, but also violates the provisions of the current constitution, undermining the integrity of the Criminal Code, resulting in the judicial interpretation of China’s criminal law function of dislocation.The fourth part of the Penal Code adopted by the domestic judicial interpretation on the various viewpoints of the main induction system, the theory of, a criminal law in line with China’s national conditions judicial interpretation distribution system, namely the establishment of the Supreme People’s Court for judicial interpretation of the level 1 yuan judicial interpretation system.

On Judicial Interpretation of Criminal Law

Abstract

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