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    Legal Principle of Criminal Penalty and Criminal Law's Judicatory Explanation
    Judicatory explanation must definite the connotation of violation principle.
    The first choice of the concrete means is the special judicatory explanation proclaimed by the supreme court, the second one is to modify the State Indemnity Law.
    具体的途径选择第一是由最高人民法院发布专门的司法解释。 第二是修改国家赔偿法。
    However, our country's General Rules of Civil Law in China and other relevant laws including judicatory explanation have some clear and definite provision to it.
    Part Ⅳ:Introduce three internet cases in China. Analyze China specialty is findingjurisdiction basis through enlarging judicatory explanation about place of an infringeact .
    Finally, the author points out shortage of related law and judicatory explanation in our country and brings up suggestion for modification.
    Concrete performance is: First, While covering and involving towards embezzlement crime in three rules( 《Criminal Law》 a Section 2, a Section 2 and Article 384s) and related lawmaking, judicatory explanation certain complexity appear in the object of this crime;
    The elementary theory of the judicatory explanation of Criminal Law is that which concerns with its aim and limitations.
    The judicatory explanation of Criminal Law should apply a kind of "Objective Theory" in accord with the implications and relativity of modern legal principle of Criminal Penalty, i.e., the aim of the judicatory explanation of Criminal Law lies not in the factual meanings of the historical legislators, but in the searching and illustrating of the meanings of objective detailed articles regulated in the Law.
    The problem of the limitations of the judicatory explanation of Criminal Law is a central as well as a problematic concern of the subject.
    In order to have perfect solution of the determination of limitations of the judicatory explanation of Criminal Law, the consideration of the value of legal principle of Criminal Penalty must be introduced.
    When the limitations of the judicatory explanation of Criminal Law is to be defined, the principles of rationality and human right indemnification should be employed, thus allowing practical, rational, extensional explanation so as to prevent deductive explanations unfavourable to the accused.
    It might be safe to say that on the one hand, the general standard of the judicatory explanation of Criminal Law is the legal principle of Criminal Penalty while on the other, the latter does not utterly leech on to but to modify the value of the former: the two supplement each other, their common mission is to realize the balance between the individual freedom, the social order, human right indemnification and the social protection.
    可以说,一方面,刑法司法解释的总标准就是罪刑法定原则,但另一方面,刑法司法解释并非完全依附于罪刑法定原则,其又对罪刑法定原则进行着价值层面的修正。 罪刑法定原则与刑法司法解释是相辅相成的,其共同的使命就是实现个人自由与社会秩序、人权保障和社会保护之间的平衡。
    After the translation of the new penalty law into practice, the judicatory explanation issued b> the national senior judicatory institution deviates from the legal principle of Criminal Penalty established by the new penalty law in aspects of form, content and value.
    In the recent years, the crimes with property of employ increase and its form becomes diversity, which become more and more danger to the society. In this circumstances, it puts forward a new topic of how to regulate employ crime through perfect lawmaking and judicatory explanation and how to apply the penal law in judicatory practice.
    The accepromted argument has has not been formed yet in theory, although it is touched on by judicatory explanation.
    The second part introduces the legislative general situation of and attitude towards traffic accident crime, analyzes emphatically the legislative disadvantages of it form a perspective of judicatory explanation and the author of this thesis also pictures the perfection of this crime and offers his proposals to solve this problem.
    But it still exists grave problems,for example,judicatory explanation legislation exceeds its authority,the bound of compensation for spiritual hurt is too narrow,the law is out of line,etc.
    In the procedure of criminal cognizance of epidemical prevention and cure, we should look sharply at the changes of new and old criminal law and the related judicatory explanation.
    The paper refers to and analyzes the judicial practices, current legislative systems and judicatory explanation in countries around the world, elaborates and discusses the objective of limitation time in lawsuit in terms of the following aspects: whether withdrawing after prosecution results in the interruption of the prescription time, whether declining to accept a prosecution or lawsuit rejection results in the interruption of the prescription time, limitation of action of ineffective civil affairs and the protection to the prosecution of obligee after the prescription time, etc.


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