《刑案汇览》中法律解释主体的地位与作用

The Status and Function of the Subject of Legal Interpretation in A Collection of Criminal Cases

《刑案汇览》中所收案件的来源是多元的,如地方上报刑部的案件、其他部院需刑部协助的案件、死刑复奏案件等,其责任主体亦是多元化的。虽然有成文律法作为司法审判的依据,但是《刑案汇览》所收案例的突出特点,是多重主体对案件判决的不同表达。因此,作为核心主体,刑部的作用便不仅仅是解决具体个案的问题,而且是协调与不同主体之间的关系,于众声喧哗中进一步统一法律解释及其适用。

Cases recorded in A Collection of Criminal Cases come from diverse sources,such as the cases reported to the Ministry of Penalty by local officials,the cases that require the assistance of the Ministry of Penalty by other departments,death penalty recital cases and so on,whose subjects of responsibility are also diversified.Although there are written laws as the basis for judicial trial,cases in A Collection of Criminal Cases feature the different expression of the judgment of cases by multiple subjects.Therefore,as the core subject,the Ministry of Penalty should not only solve the problems of specific cases,but also coordinate the relationship with different subjects,so as to further unify the legal interpretation and its application in the uproar of the public.