Title: What's the Limitation of Interpreting Criminal Law After All: Reflections on a Judicial Interpretation
Abstract: Recently,ajudicial interpretation interprets that′serious pollution to environment in article 338of′Criminal Code of China includes a variety of dangers of causing serious pollution to environment.According to the basic principle of interpreting criminal law and determining meaning of criminal laws terms,this interpretation clearly implies collapse of literal interpretation,but it abuses teleological interpretation essentially,which also reflects the thinking mode of equating the basic function of criminal law and ones of criminal policy. This interpretation is important for effectively sanctioning crimes polluting environment,but it breaks literal interpretation,i.e.the basic boundary of interpreting criminal law,and destructs the criminal rule of law enormously.Therefore,this judicial interpretation should be replaced by criminal legislation.
Publication Year: 2014
Publication Date: 2014-01-01
Language: en
Type: article
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