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明确性规则已成为罪刑法定原则中不可缺少的一项内在要求。具体分析,明确性规则的主要内容应当包括刑法形式明确与刑法实质明确两个方面,两方面是有机统一,共同影响着罪刑法定原则的法律运行效果。在我国法制建设的今天,追求和实现刑法的明确性一直是一项重大任务,我们要从形式和实质两个方面不断完善,通过立法与司法互动,全面实现我国刑法的明确化。
The principle of clarity has become an indispensable internal requirement of the principle of legality. Specifically, the main contents of the clarity of the rules should include two aspects: the form of the criminal law is clear and the essence of the criminal law is clear. The two sides are organically unified and jointly affect the legal operation effect of the statutory principle of crime and punishment. Today, in our legal system construction, pursuing and realizing the clarity of the criminal law has always been a major task. We must make continuous improvements in both form and essence. Through the interaction between legislation and judicature, we should realize the clarification of our criminal law in an all-round way.