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静态刑法典所能提供的规范体系难免会无法满足动态的社会现实所期待的刑法需求,因此,厘定相应事案是否具有刑事可罚性、相应的规范需求是否理性就显得非常必要。对于实质性的刑法规范供给不足,只能期待立法的变动本身,而提高立法的类型化水平则有助于批量性改善刑法规范的供给不足。对于表面性的刑法规范供给不足,则既可以通过理论调整予以填充,也可以通过刑法适用解释加以弥补,其中后者更为典型和经常。要尽量通过各种解释方法增加刑法规范的有效供给,同时,不利于行为人的当然解释最终必须还原为扩大解释才能获得认可。
The normative system that the static criminal code can provide will inevitably be unable to meet the needs of the criminal law expected by the dynamic social reality. Therefore, it is very necessary to determine whether the corresponding criminal cases have criminal penalties and whether the corresponding normative needs are rational. For the lack of substantive criminal law, we can only look forward to the change of legislation itself, and improving the type of legislation helps to improve the supply of criminal law norms in a mass scale. The insufficient supply of superficial criminal law norms can be filled either by theoretical adjustment or by applicable interpretation of criminal law, the latter being more typical and frequent. It is necessary to try to increase the effective supply of criminal law norms through various interpretations as much as possible. At the same time, the excuse of excuse, of course, must eventually be restored to expand the explanation in order to gain recognition.