A Positive Study on the Stand of Legislative Interpretation of Criminal Law in China
我国刑法立法解释立场的实证考察

There is a debate between the formal and substantive theories regarding the interpretation and application of criminal law.This positive study on the nine documents of the legislative interpretation of criminal law shows that the Chinese legislative interpretation of criminal law adopts a substantive interpretation.The substantive interpretation has two beneficial functions:to improve criminal justice through reasonable criminalization;and to substantially protect human rights through reasonable non-crimina...