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Abstract 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 lawadopts a substantiveinterpretation .The substantiveinterpretation has two beneficial functions : to improve criminal justice through reasonable criminalization;and to substantially protect human rights through reasonable non-criminalization .
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Received: 19 November 2009
Published: 08 February 2010
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