继我国刑法最新一次的修正案后,根据现实生活中的案例审判以及我国及世界刑法发展趋势,查找并分析出我国刑法领域还应该继续改进的部分。1997年刑法出台后相继出现的九大刑法修正案不得不说是对法条本身局限性的补充,这也表明刑法本身存在着不足。本文主要从实际司法审判中出现的有争议的情形出发,展示了刑事审判中的疑异情形以及刑事解释中存在的疑异,并阐述了自己的看法。 Following the latest amendment of criminal law in our country, according to the case trials in real life and the development trend of criminal law in our country and in the world, we find out and analyze the part that should be further improved in the field of criminal law in our country. The Nine Amendments to the Criminal Law that emerged after the promulgation of the Criminal Law in 1997 had to say that they were a supplement to the limitations of the law itself, which also showed that there were deficiencies in the criminal law itself. This article, starting from the controversial situation that appeared in the actual judicial trial, shows the discrepancies in the criminal trial as well as the discrepancies in the criminal interpretation, and expounds its own views.