Abstract：

The integration of criminal policy and the dogmatic system of criminal law has initiated its development trend of functionalization. This trend is intended to strengthen the adaptability of the dogmatic system of criminal law without weakening its aspect of autonomy. In such a system, the relationship between legislation and judiciary needs to be re-examined. The traditional theoretical model understands the relationship between legislation and judiciary as a hierarchical relationship of “command-obedience”. This model leads to a legislative-dominated system of criminal law and accordingly adopts the position of formal interpretation theory. Judging from the legislative amendments in criminal law and the rise of substantive interpretation theory in China in the past two decades, the legislative-dominated system is not consistent with the contemporary reality. It is necessary to re-understand the relationship between legislation and judiciary according to the “edge-center” model and then to construct a judiciary-centered system. Through the process of statutory interpretation at the judicial level, on the one hand, judiciary cooperates with legislation to promote and realize the adaptability of the system, and on the other hand, it shoulders the task of restricting legislation. The doctrinal theory of legislation therefore becomes an integral part of the dogmatic system of criminal law. It is also essential to conceptually change the traditional understanding of criminal law application, which must include the step of statutory interpretation. Under the new model between legislation and judiciary, the role of statutory interpretation needs to be repositioned. The functionalist interpretation helps to build a reflective self-development mechanism within the system of criminal law and enables it to have the ability to self-correction, embodying the critical dimension contained in legal doctrines. At the same time, because criminal law interpretation cannot transcend the literal meaning of statutory provisions and is also subject to the overall structural arrangement of legislation, the practical significance of legislative criticism should be affirmed.

Keyword：

dogmatic system of criminal law; criminal Law amendment; criminal law interpretation; criminal policy; functionalism