Principles of Interpretation of the Specific Provisions of the Criminal Code

Author: Zhang Mingkai
Publisher:
Publish Date: 2004-01-01
Features: Criminal legislation corresponds justice concepts with future possible facts to form criminal norms, while criminal justice corresponds actual facts with criminal norms to form criminal judgments. As an interpreter, one must always be filled with justice and constantly switch between norms and facts. Only in this way can criminal law achieve justice, stability, and purposefulness. Based on the interpretive philosophy of "always being filled with justice and constantly switching between norms and facts," the author of this book conducts an in-depth and meticulous study on several issues in the interpretation of the specific provisions of criminal law, arriving at innovative conclusions. These issues include: the principle of criminal legality and criminal interpretation methods, specific provisions and general provisions, "de" and "chu," avoiding unnecessary loopholes and reducing unnecessary overlaps, legal interests and elements, subjective elements and objective elements, subjective excessive elements and objective excessive elements, "qingshen" as constitutive elements and "jingshen" as elevated conditions, attention provisions and legal fictions, general provisions and special provisions, parallelism and inclusion, the uniformity and relativity of language usage, the normalization of general language and the popularization of normative language.