Title: Active Criminal Law Interpretation and Pragmatic View of Criminal Law:A Revisit of Liang Li's Case
Abstract: If we believe that each case has a unique right answer,there are many flaws in the findings of Liang Li's case.However,the flaws are perfectly acceptable in the context of modern legal interpretation.The gap between the facts of the case and legal standards necessitates the active interpretation of the law on the part of the prosecutors.Active interpretation of law is closely associated with the pragmatic view of criminal law.The goal of active interpretation is to achieve unity among the political effects,social effects and legal effects in applying laws.The conflicts between the pragmatic view of criminal law and the classic view of criminal law could be resolved in the context of modern legal interpretation.
Publication Year: 2013
Publication Date: 2013-01-01
Language: en
Type: article
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