英文摘要 |
The criminal law interpretation theory on the functionalism in Chinese context should take the basic proposition of legal philosophy seriously, that is, ''problematic thinking''. In addition, lay equal stress on the results and methods, and focus on the overall effectiveness instead of the result-oriented functionalism. The judge's decision-making supposed to be more intersubjective rather than autarchic. Furthermore, deepen the studying on the function of criminal law interpretation method to confirm its systematism, so as to truly realize the trinity of legality, reasonability, and purposiveness of interpretation conclusion. At present, the case guidance system with Chinese characteristics should be further improved, the issues of Chinese localization should be developed at a micro level, and the mechanical judicial process should be solved effectively. These are the critical points and innovations of improving the criminal law interpretation on the functionalism in Chinese context. |