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Interpretation of the law in criminal trials

Author: QuShengXiao
Tutor: ZuoMingAn
School: China University of Political Science
Course: Legal
Keywords: Interpretation of criminal law Interpretation methods Crime and Punishment
CLC: D914
Type: Master's thesis
Year: 2006
Downloads: 159
Quote: 1
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Abstract


This paper discusses the application of the law judge 's interpretation of the law . Strictly speaking, the judge runs through this activity every criminal trial process . In such a subjective activity , how to ensure the objectivity of interpretation , is undoubtedly a very important issue . In this paper, sociology, comparative study of methods, combined with stories, looking for some consistent with the principle of legality means to regulate the judicial activities of judges , in order to objective and impartial referee . Full three parts . The first part analyzes the interpretation of those who actually have a direct role in guiding a variety of interpretive theory , hermeneutics clarify interpretation of criminal law in the larger context with the general significance. The second part explains the principles of criminal law and methods of analysis to explore the principle of objectivity required by the four common practice of interpretation : literal interpretation , systematic interpretation , historical interpretation , teleological interpretation . The third part through the analysis of the principle of legality , indicating that the principle of legality of various theories and methods of interpretation of the role of the final considerations . Focused on the analogy with the principle of legality and the expansion of the complex relationship between interpretation .

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