Title: Research on Fundamental Ideology and Subject of Interpretation to Criminal Law——discussing with Mr. Wu Bingxin
Abstract: On fundamental ideology of interpretation to criminal law, there exist subjective theory, objective theory and compromise one. The subjective theory argues on interpretation to criminal ought to reflect original intention when it was enacted;the objective theory is opposite;and compromise theory splits difference between them. Mr. Wu Bingxin disagrees with subjective theory and disproves it. This paper argues that interpretation to criminal is just reflection of original intention, and seeking for the living law out of it is not permitted. On subject of criminal interpretation, Mr. Wu thinks that not legislature, scholar and procurator but judge ought to be entitled to interpret criminal law. The author brings forward different viewpoint and argues for it.
Publication Year: 2004
Publication Date: 2004-01-01
Language: en
Type: article
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