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罪刑法定视域中的刑法适用解释
摘    要:


Interpretation of the application of criminal law from the perspective of a legally prescribed punishment for a specified crime
Genlin Liang. Interpretation of the application of criminal law from the perspective of a legally prescribed punishment for a specified crime[J]. Frontiers of Law in China, 2007, 2(3): 418-445. DOI: 10.1007/s11463-007-0020-2
Authors:Genlin Liang
Affiliation:(1) Law School, Peking University, Beijing, 100871, China
Abstract:The judicial interpretation of criminal law should be an application interpretation to individual cases that is guided by judges and participated by the prosecutor and the accused, for which the judicial judgment should be combined with the application of criminal law of specific cases, and the criminal precedents should be as a carrier. The Supreme People’s Court should change from the previous practices of issuing normative and abstract interpretation to the dual approaches of the interpretation of criminal law application through direct creation and indirect acknowledgement. Liang Genlin, Professor and Vice Dean of Law School of Peking University and as a visiting professor of University of Tuebingen (2001–2002). His main research focuses on criminal law and criminal policy, and his important publications include “On the Structure of Punishment”, “Liang Genlin’s Review on Criminal Policy, Volume I, Criminal Policy: Standpoint and Category”, “Liang Genlin’s Review on Criminal Policy, Volume II, the Arm of the Law: Expand and Limit”, “Liang Genlin’s Review on Criminal Policy, Volume III, Criminal Sanction: Manner and Choice”. Besides, he has also published over 40 discourses on criminal law and criminal policy since 1996.
Keywords:interpretation for criminal law  legal punishment principle  text for criminal law  application interpretation  criminal precedents
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