On the Fundamental Standpoint of Criminal Law Interpretation

We should hold the standpoint of law standardization in the interpretation of criminal law. Such standpoint pays close attention to behavior and ethic order, make a strict interpretation around the legal provisions, provide the public with behavioral standards and exert their preventive function. In addition, the reaction of criminal law should be properly put to the tackling of behaviors in advance when faced with social risks, which is coincided with standardization-maintained principle. However, we may note the theory of legal interest violation which pays attention only to the damage of legal interest, which easily leads to the interpretation subject's failure to explain the behavioral elements. Therefore, it cannot provide guidance for citizens. Meanwhile, the thinking mode of looking for behaviors according to consequence will expand the pragmatic scope of legal provisions inappropriately. It will violate the principles of crime and punishment by law. Furthermore, the judging violation point of the theory of legal interest violation is often delayed, which is harmful to prevent and control social risks. Such theory should be the standpoint held by the post-epoch of rule by laws, but our country is still in the pre-epoch. Accordingly, we should cultivate our citizens' belief in rule by laws and their views of legal order under the standardization-maintained standpoint.