Theoretical Interpretation and Practical Orientation of Common-Sense Criminal Law Interpretation
There is a dangerous tendency of"de-empiricism"in the study of criminal doctrine in recent years.Common-sense criminal law interpretation is just to remedy the disadvantages of the criminal doctrine that is limited to normative research.The current theoretical criticism of the common-sense criminal law interpretation is based on wrong understanding and cannot be established."Putting common sense judgment in legal interpretation"is not only the real meaning of the principle of legality,but also conforms to the subjective and objective mutual-construction relationship in the process of interpretation,and it also meets the internal requirements of the development of legal doctrine towards functionalism.Legitimacy,rationality and purposiveness constitute the three practical dimensions of the common-sense criminal law interpretation in the sense of methodology.Therefore,the interpretation conclusion should not exceed the effective scope of the substantive law;the process from the criminal law text to the facts of the case must not deviate from the basic logical requirements;the interpretation of the legal articles should conform to the purpose of the norms and meet the reasonable expectations of the public.
common-sense criminal law interpretationlegal interpretationpublic identificationcommon-sense judg-ment