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利益衡量理论在我国民商法、行政法、法理学界受到了较为广泛的认可,相比之下其在刑法学界进行的探讨却并不多,这与刑法本身的特点以及当前学界对利益衡量理论的理解有关,但利益衡量理论对于刑事审判同样具有非常重要的指导意义,特别是在处理刑事疑难案件方面,利益衡量理论能够帮助法官在刑事审判中更好地做到法律效果与社会效果的统一,使裁判的结果更好地兼顾法律的稳定性与裁判结果的妥当性,为我们解决司法中的难题提供了一个新的思路。
The theory of interest measurement has been widely accepted in our country’s commercial, administrative and jurisprudence jurisprudence, compared with the fact that there is not much discussion in the field of criminal law, which is closely related with the characteristics of the criminal law itself and the current theory of interest measurement However, the theory of interest measurement also has very important guiding significance for criminal trial. Especially in the handling of criminal difficult cases, the theory of interest measurement can help judges to better achieve the unification of legal effect and social effect in criminal trial, So that the result of the referee can better balance the stability of the law and the validity of the referee’s result, which provides a new way of thinking for us to solve the problems in the judiciary.