关于我国刑法司法解释主体及越权解释的探讨

刑法司法解释是我国司法机关就刑法规范的适用问题所作的阐明,在刑事司法活动中具有重要的地位。在不少司法实践中,尚存在违背立法意图、超越立法权的越权解释现象,对此进行分析讨论,充分肯定其作用,并提出对解释主体进行必要的制度限制和体现罪刑法定原则的基本精神,以解决其超越立法权和越权解释的问题。

A Discussion on the Subject of Criminal Judicial Interpretation and Beyond-the-right Interpretation in our Country

Criminal judicial interpretation is the explanation made by the judicial body in our country to the application of criminal norms. It plays an important part in criminal judicial activities. However, there exists the phenomenon of violating legislative intention and trespassing the legislation as beyond-the-right interpretation in judicial practice. Discussion is made on this phenomenon and the importance of criminal judicial interpretation is affirmed. It is proposed that the subject in the interpretation should be limited in accordance with the fundamental principle that punishment should only be determined by the law. Only in this way can the trespassing of legislation and beyond-the-right interpretation be prevented.