Research on Extensive Interpretation and Analogical Interpretation of Criminal Law

DOI

10.2991/ssehr-16.2016.106How to use a DOI?

Keywords

Interpretation of criminal law, Boundary, Approach.

Abstract

According to the principle of a legally prescribed punishment for a specified crime, criminal rules shall be rules and norms that are clearly worded and enable national to predict probabilities. In present justice practice, any vague in meaning of criminal law certainly will demand judge to weigh multiple complex legal relations within his discretion before deciding applicable laws to specific case, increasing judicial cost. Besides, the relative stability of criminal rules gradually appear lagging with social development. Thus, judge is supposed to appropriately interpret the existing criminal law system for specific cases. Furthermore, the normativity of criminal law also determines that once any doubt on any clauses of criminal law arises in any specific case, judge shall reasonably clear up such doubt with an appropriate interpretation method. This shows the necessity and importance of interpretation of criminal law. On this basis, this thesis is written to discuss the border and approach of criminal law interpretation.

Copyright

© 2016, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Wenchao Li
PY  - 2016/07
DA  - 2016/07
TI  - Research on Extensive Interpretation and Analogical Interpretation of Criminal Law
BT  - Proceedings of 2016 5th International Conference on Social Science, Education and Humanities Research
PB  - Atlantis Press
SP  - 497
EP  - 501
SN  - 2352-5398
UR  - https://doi.org/10.2991/ssehr-16.2016.106
DO  - 10.2991/ssehr-16.2016.106
ID  - Li2016/07
ER  -