Criminal law field considers the principle of legality forms general restriction for criminal law interpretation,which is superficial consensus.The nature of law interpretation is to"reconstruct""law"in the sense of regulations from that of carriers.In the process of interpretation the jurisprudence of"what is law"is a hidden director and restricting factor.Different views of law will incur different theories of law interpretation.Criminal law interpretation is restricted by the jurisprudence of"what is criminal law",not by the principle of legality.The status of the principle of legality in the process of criminal law interpretation is"principle of textual closure".While the function realization of the principle of textual closure depends on specific theory of criminal law interpretation.Thus,the science of criminal law interpretation should surpass the principle of legality and return to the jurisprudence of"what is criminal law"which as theoretical foundation of the science of criminal law interpretation.
criminal law interpretationprinciple of legalityjurisprudenceprinciple of textual closure
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