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主导法律解释的基本理论是在目的利益法学基础上发展出来的价值法学,基于价值判断基准的利益衡量在刑法的解释中日益重要,我国刑法解释理论正经历特定变迁,应对利益衡量问题予以规范思考。与法益衡量密切相关的,是刑法的规范保护目的,利益衡量实际上与刑事立法、犯罪构成要件成立与否、是否存在违法阻却事由和其他可罚性要件均存在密切关系,与此同时,在刑法解释领域,法益的解释机能主要体现为对定罪处刑的引导和限定作用,利益衡量属于实质解释犯罪构成要件,但是主张进行利益衡量的有可能是主观解释,也有可能是客观解释,同时有可能是二者的折衷立场。刑法解释本身最终是为了实现立法的利益衡量,就现代刑事司法而言,作为利益衡量支配下的目的解释,在法律的最终目的框架下,赋予了法官一定的自由去评价,使得刑法的刚性趋于减弱。
The basic theory of dominant legal interpretation is the value jurisprudence developed on the basis of the law of interest of interest. The measurement of interests based on the value judgment basis is increasingly important in the interpretation of criminal law. The theory of criminal law interpretation in our country is undergoing specific changes. . Closely related with the law and interests measure is the normative purpose of the protection of criminal law. In fact, the measurement of interests is closely related to the criminal legislation, the establishment of elements of the crime, whether there is a violation of the law and other punitive elements, meanwhile, at the same time, The interpretation of legal interests is mainly reflected in the guiding and limiting role of conviction and punishment, the measurement of interest belongs to the essential elements of the crime, but it is possible to advocate the measurement of interest may be a subjective interpretation, it may be an objective interpretation, it is possible at the same time Is the compromise between the two positions. The interpretation of criminal law itself is ultimately to measure the interests of legislation, as far as modern criminal justice is concerned, explained as the purpose under the measurement of interests, giving the judges some freedom to evaluate under the ultimate goal of law, making the rigidity of criminal law To weaken.