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我国刑法是一个以刑法典为主干辅之以单行刑法和附属刑法的制定法体系,由于制定法固有的局限性,在纷繁复杂而又急遽变化的社会现实面前屡屡暴露出其僵化和滞后,最高人民法院的司法解释在一定程度上虽然缓解了上述矛盾,但司法解释大多仍表现为抽象的规范性文件,无法从根本上克服制定法的局限性。因此,讨论在刑事司法中引入判例的相关问题,便成为具有重大理论和实践价值的课题。
The criminal law in our country is a system of statutory law that is mainly supplemented by the criminal law and supplemented by a single criminal law and a subsidiary criminal law. Due to the inherent limitations of statutory law, it often exposes its rigidity and lag in the complicated and rapid social reality, Although the judicial interpretation of the people’s court ameliorates the above contradictions to a certain extent, most judicial interpretations still appear as abstract normative documents, which can not fundamentally overcome the limitations of statutory law. Therefore, discussing the issues related to the introduction of case law in criminal justice has become a topic of great theoretical and practical value.