On the Restrictive Application on Expansion Interpretation of Mala Prohibita

The distinction between mala in se and mala prohibita is of great significance at both the legislative and interpretation levels. Mala in se is a crime that infringes the individual's legal interest or can be directly reduced to the collective legal interest of the individual's interest. Mala prohibita is a crime that violates the collective legal interest that cannot be directly reduced to the individual interest. Mala prohibita is weaker than the natural offense in ethics. It has the complex characteristics of illegality, absence of legal interest, and the unscientific nature of crimes in the context of our country. There is a natural contradiction with the expansion interpretation. However, it is not feasible to absolutely prohibit the expansion interpretation of mala prohibita under the current criminal law framework. For the expansion interpretation based on the system (interpretation) coordination purpose and the expansion of the surface constituent elements and the interpretation of the defendant's provisions, since the basic characteristics of the mala prohibita and the risk of human rights violations will not be touched, exceptions should be allowed in mala prohibita.