日本作为大陆法系研究的重镇,其刑法学埋论近年来在我国学界风生水起。究其根源,既有旧式前苏联专政式刑法理论在解释学上的力不从心,又有张明楷为代表的“知日派”的大力提倡(这在张成为司法考试刑法命题人后达到极致)。在我看来,德日刑法理论近年来异军突起,表面上是受司法考试这种国家意志的影响,实质上是法冶转型时期的“新常态”使然——改革开放以降,涉及意识形态、计划经济性 Japan as a civil law research center, its criminal law in recent years in our country windswept. The origin of both the old Soviet-style dictatorship theory of criminal law in the hermeneutic powerless, and Zhang Mingkai as the representative of the “Japanese School” vigorously advocated (this is the judge in the judicial examination of criminal justice to achieve the ultimate) . In my opinion, the sudden emergence of the German-Japanese criminal law theory in recent years has been ostensibly influenced by such national will as the judicial examination. In essence, it is the “new normal” in the transitional period of law and rule that led to the reform and opening up and the ideological Plan economy