Journal of Hebei University(Philosophy and Social Science) ›› 2021, Vol. 46 ›› Issue (1): 152-160.DOI: 10.3969/j.issn.1005-6378.2021.01.018

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Metaphorical Approach to Criminal Law Interpretation of Traditional Criminal Network Alienation

GUO Wei1,HAN Mei2   

  1. 1.School Of Humanities and Law, North China University Of Technology, Beijing 100144; 2.School of Law, The National Police University for Criminal Justice, Baoding, Hebei 071000, China
  • Online:2021-01-25 Published:2021-01-25

Abstract: The norms of criminal law are composed of language.The social and linguistic evolvement remold the cognitive schema and application logic of criminal law.Since entering the network era,the traditional criminal law interpretation model cant be properly applied to network alienation crimes,and the explanation is controversial.The trend of network metaphor in language provides a good opportunity for the interpretation of criminal law.Network metaphor makes the process of criminal law interpretation more complete and alleviates the mechanical and rigid application of criminal law.The conclusion of criminal law interpretation is closer to the cognition and thinking of the people,and the acceptability is stronger.Choosing the appropriate context and setting the scientific purpose can overcome the inherent ambiguity of metaphor,establish a clear and reasonable mapping between source domain and target domain,and finally realize the balance between expansion and modesty of criminal law.

Key words: network alienation, criminal law interpretation, metaphor

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