刑法学领域中,形式解释与实质解释的学派之争方兴未艾,争论激烈。其争论的本质涉及犯罪论、违法性判断依据、倡导的功利主义类型、法治观等方面,具体而言,就是形式犯罪论与实质犯罪论、行为无价值与结果无价值、规则功利主义与行为功利主义、形式法治与实质法治的博弈。 In the field of criminal law, the debate between the schools of formal explanation and substantive explanation is in the ascendant and the debate is fierce. The essence of the controversy involves the theory of crime, the basis of judgment of illegality, the type of utilitarianism advocated, the concept of the rule of law and so on. Specifically, it is the theory of formal crime and the substantive crime, the valuelessness of the behavior and the valuelessness of the result, the rule utilitarianism and the behavior Utilitarianism, Game between Formal Rule of Law and Substantial Rule of Law.