Interpretating the Interpretation of the Issue of"Poisoning"in Criminal Law
The Criminal Law Amendment(Ⅲ)modifies the crime expressed in Article 114 of the Criminal Law from poisoning to the act of releasing dangerous substances.However,there is still a wording for"poisoning"in the General Provisions of the Criminal Law,which has not been amended accordingly.The current general theory in academic circles is to equate"poisoning"in the general provisions with"releasing dangerous substances"in the sub-provisions by means of purpose interpretation.This interpretation concludes that it is justified to apply additional penalties of deprivation of political rights to criminals who have committed the crime of releasing radioactive substances or releasing dangerous substances in the form of infectious disease pathogens.However,this interpretation conclusion will not only weaken the authority of criminal law itself due to flaws in formal logic,but may also not have the legitimacy in the sense of criminalization.Therefore,in order to improve the interpretation conclusion of this purpose,on the one hand,we should implement the concept of formal rationality,and introduce the textual interpretation of"poisoning symptoms"to connect"poisoning"and"release of dangerous substances",so as to achieve the systematic and textual meaning of the purpose interpretation conclusion;on the other hand,we should implement the concept of substantive rationality and balance the value of freedom and security by narrowing the meaning of"casting"and"poisoning",so as to achieve the substantive justice of the purpose interpretation conclusion.
poisoningdischarge of hazardous substancesjustification of the sentenceexplanation of purpose
NETL
NSTL
万方数据
