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禁止类推引发诸多质疑。禁止类推与允许类推的观点都有强大的论据做支撑。以刑事类推的广义概念为出发点,归纳分析禁止类推与允许类推的观点与理由,得出的结论为这两种观点关注的侧重点、角度不同,所评价的范围也不同。我们在肯定禁止类推所维护的价值观念的同时,又不得不承认类推思维的现实存在,同时要探索一些规制手段来限制不合理的刑罚权的扩张。
Prohibition of analogy lead to many questions. Prohibition of analogy with the analogy of the point of view there is a strong argument to do support. Based on the general concept of criminal analogy, the author summarizes the views and reasons of forbidding analogy and the analogy of allowing analogy. The conclusion drawn is that these two kinds of views focus on different points of view and have different evaluation scopes. While affirmatively forbidding the values maintained by analogy, we have to admit the reality of the analogical thinking. At the same time, we must explore some regulatory measures to limit the unreasonable expansion of the penalty right.