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本文所说的二重性特指刑法规范与不同指引对象相联系所表现出来的属性,即裁判规范性和行为规范性。刑法规范二重性理论可谓源远流长,但对作为刑法规范接受对象的一般人与裁判者,以及行为规范与裁判规范等基本范畴缺乏深入的研究。下面对刑法规范二重性的理论沿革、指引对象以及裁判规范和行为规范的内涵等问题进行探讨,以推动该理论的进一步发展。
The duality mentioned in this article refers specifically to the attributes of criminal law norms associated with different guidelines, that is, the normative and normative behavior of the judgments. The duality theory of criminal law norms can be said to have a long history, but it lacks deep research on the basic categories such as the ordinary people and judges who accept the norms of criminal law as well as the codes of conduct and adjudication. The following discussion of the theoretical evolution of the duality of the criminal law norms, the object of the guidelines, the connotation of the norms of adjudication and the code of conduct, and so on, will promote the further development of the theory.