Title: The Applicable Rank of the Interpretation Method of Criminal Law
Abstract: the application of criminal law cannot do without explanation. Due to the lack of a unified application order for the method of interpretation in practice, the same case will have different conclusion for the different interpretation, which greatly affected the stability and authority of the criminal law. The determination of the applicable rank for the interpretation methods of criminal law is quite imperative and it is accepted by the criminal law theorists in our country. But for the applicable specific sequence of interpretation method, scholars have had different views. Integrating the theorists' views and drawing lessons from the beneficial method in the WTO dispute settlement, this paper suggests to follow such a sequence that is from the literal interpretation by consulting dictionary as the beginning to the system interpretation and at last to the purpose interpretation. According to the different definition of system, the system interpretation involves the structure interpretation, constitutional interpretation and historical interpretation.
Publication Year: 2013
Publication Date: 2013-01-01
Language: en
Type: article
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