Judicial examination in 2013 criminal law Liu Fengke Lecture Summary (7)

Criminal law interpretation skills (method)

1) plain meaning interpretation: according to law in everyday language, according to the term meaning the most straightforward explanation (but the plain meaning interpretation of legal terms cannot).

2), expanding interpretation (expansion): explain the meaning of criminal law provisions of the literal meaning is greater than.

Common examples of expanding interpretation:

The sale of precious, endangered wild animal products in the "sin" (including for-profit utilization behavior);

Snatching with lethal weapon in the "weapon '' (including usage.);

Rob the financial institutions in the "" (including the armored car and automatic teller machine);

Credit card fraud in the "credit card" (including debit card);

Have the obligation of crime of abandonment in the "" (including other people outside the family);

Special voluntary surrender in the "coercive measures" (can be interpreted as including the behavior of people being held in administrative detention.);

The smuggling of weapons, ammunition sin "ammunition" (including can be assembled and used in bullet, shell).

　[note] Note area classification push explanation: whether to violate the national forecast possibility as the standard (i.e., are beyond the meaning of the words Wai fan may). The crime of insulting the corpse in the "body" interpreted as including the ashes, belonging to analogical interpretation.

Amplified interpretation and analogical interpretation no boundaries fixed: with the change of language and the social situation, possible conversion situation between the two; an explanation to this provision belongs to the analogy to explain, but compared to other provisions may belong to the expanding interpretation. Source: Unicorn judicial examination network

(3), narrow interpretation (restrictive interpretation): the provisions of the criminal law explanation is less than the provisions of the literal meaning of.

For example, stealing, spying, buying, illegally providing state secrets, intelligence crime of "intelligence" (refers only to the home security and interests, has not publicly or in accordance with the relevant provisions should not be public matters).

(4), against interpretation: according to the provisions of the criminal law positive expression, deduced the opposite meaning. All the conditions of law determine conditions is the legal effect and is a necessary condition, can apply this method of interpretation.

For example, "sentenced to death with a suspension of execution, the execution period, if not intentional crime, two years after the expiration of ^ commuted to life imprisonment", then, under the age of 2 years, shall not be commuted to life imprisonment.

Moreover, intentionally false accusation others constitute the crime of false accusation unfounded accusation, then, would not constitute the crime of false accusation.

(5) the provisions of the criminal law interpretation, correction: expression is obviously wrong, only through the correction to clarify its meaning. Core correction interpretation is to "positive", rather than "fill".

For example, the provisions of article ninety-ninth "referred to in this law, the following above, below, including the number of" sixty-third ", but the provisions of criminal molecules with the provisions of this Law of mitigating circumstances, shall be sentenced to a punishment" below the legally prescribed punishment, the latter "the following '' is not included in this number.

Moreover, the article 191st of the criminal law of the crime of money laundering provisions of "confiscated" explanation for the confiscated or returned to the victim, which belongs to the correction of interpretation.

[note]: the plain meaning interpretation is to explain the basic method, only when the plain meaning interpretation is not a reasonable conclusion, will use other methods. Source: Unicorn judicial examination network

The interpretation of criminal law to explain the conclusion and explore reasonable way to explain, only we explore reasonable conclusions. Therefore, according to allow interpretation method that explain the conclusion is not necessarily correct, would violate the principle of legality.

For each language interpretation of the criminal law, can only take one explanation is skills (method), for a term of a clause, not to spread law interpretation, and take the narrow interpretation.

The analogical interpretation is the interpretation of the criminal law prohibited. But , in order to better protect the allergy freedom and human rights, only the prohibition against on human behavior interpretation, and allow for human behavior interpretation by analogy.