| Criminal law hermeneutics, being a core branch subject of criminal jurisprudence in broad sense, has its own separated subject characters, which include three internal basic elements and three external conditions. The former refer to the power, conduct and conclusion of criminal law interpretation. As to the three external conditions, firstly, criminal law hermeneutics can not be covered by criminal jurisprudence in narrow sense, that is, these two are different from each other. Secondly, criminal jurisprudence in broad sense has already made clear the independence of criminal law hermeneutic. Lastly, the emergence and development of criminal law hermeneutics follows the general rule of an independent legal subject. The independence of criminal law hermeneutics can promote the application function of the subject of criminal law, can rectify the tendency that researchers are keen to build the grand conceptualization frame of law, but ignore the effectiveness of the application of criminal law, and can highlight the practical attribute of its value judgment. Criminal law hermeneutics system is the organic unified system based on a certain principles and rules, including the basic theory, ontology, the application theory and the practice of criminal law hermeneutics. Advocating the independent character of criminal law hermeneutics is neither a grandstanding academic, nor an academic bias. It is urged by the integration of the theory value and application value of criminal jurisprudence, the pursuit of combining the justice of criminal legislation with the specific facts of concrete cases, and the realization of the ultimate goals of criminal law, i.e. justice, stability and harmony. Such urgencies opens up the living space and application field which the criminal law hermeneutics as a subject needs. At the same time, the power, conduct and conclusion of criminal law interpretation, as the basic elements of criminal law hermeneutics, demonstrate the self-consistent of the subject. Concerning, advocating and promoting the subject independence of criminal law hermeneutics should be regarded as positive academic pursuit, and scholars should take this as their responsibility. |
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