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作为规范与事实之间的桥梁,个别性解释在法律适用过程中起着非常重要的作用。围绕刑法的个别性解释,理论与实践中存在着较多争议。概念称谓的不统一不利于构建共同的研究平台,模糊的法律定位则不利于人们进一步深化认识。有鉴于此,笔者对相关概念进行梳理,提出刑法的个别性解释概念,指出应将刑法的个别性解释纳入到刑法的正式解释中研究。
As a bridge between norms and facts, individual interpretations play a very important role in the application of law. Around the individual interpretation of criminal law, there are many controversies in theory and practice. The inconsistency of concept titles is not conducive to the construction of a common research platform, fuzzy legal orientation is not conducive to people to deepen their understanding. In view of this, the author sort out the related concepts and put forward the concept of individual interpretation of criminal law, pointing out that the individual interpretation of criminal law should be included in the formal interpretation of criminal law.