Abstract: The research of criminal procedure law in the new era calls for the diversification of methodology along with the transformation and upgrading of research paradigm. In this context, researchers should actively integrate the study of legal hermeneutics into the field of criminal procedure law. Specifically, on the one hand, they should close the gap between litigation theories and practices, control the abuse of interpretation power by public authorities, review and standardize the formulation of normative documents, such as judicial interpretations, by carrying out a large number of hermeneutic studies on the words, logic and structure of legal provisions; on the other hand, the basic system of the hermeneutics of criminal procedure law should be constructed from the aspects of interpretation objects, methods and principles on the basis of the existing research results of legal hermeneutics in other branch laws. In the process of promoting the development of hermeneutics of criminal procedure law, researchers should pay attention to the relationship between the revision and the interpretation of law, and concentrate on the intellectual supports to and the counter influences of hermeneutics on law revision. At the same time, the legal hermeneutic research of the ways of dealing with legislative deficiencies, stopping legislative loopholes and promoting the theoretical innovation should be strengthened.

Keywords: hermeneutics of criminal procedure law; interpretation object; interpretation method; interpretation principle

Author: Dong Kun, a research fellow at CASS Law Institute.

Source: 4 (2021) Journal of Comparative Law