Title: The Position on the Interpretation of Criminal Law:the Interpretation from Two Hierarchy
Abstract: In recent years,the dispute is formed between the interpretation from the formation and the interpretation from the substance in the China's criminal law theory. Although the dispute is fierce on the surface,but both of two sides want to solve the problem on the interpretation of criminal law theory all at once more or less,which leads to the result that the interpretation and judgment will be compressed and mixed together,and thus the interpretation about criminal law that is extremely complex will be made a simplistic treatment. From the author's opinion,the criminal law should be interpreted from two hierarchy according to the foundation of criminal law,such as the principle of legality and elements of crime. The constitutive elements of the crime should be judged on the whole though distinguishing the interpretation from judgment,integrating resources both form and substance.
Publication Year: 2014
Publication Date: 2014-01-01
Language: en
Type: article
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