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在我国刑法界,刑法解释论立场问题一直都是该学界讨论热点所在,目前来看,刑法界主要为实质解释论与形式解释论两种学派之间相互争论。从本质上来讲,两个学派的争论对刑法解释论以及主体价值观等方面造成影响,进而产生了刑法从实质到形式上的对立局面。鉴于这种局面,本文对刑法实质解释论与形式解释论之间所产生分歧点进行了研究,并说明了两者之间虽然处于对立状态,但是其间仍然存在一定关联性。
In China’s criminal law circles, the position of interpretation of criminal law has always been the focal point of the academic discussion. For now, the criminal law circles mainly argue with each other between substantive and formal explanation. In essence, the debate between the two schools exerted an influence on the interpretation of criminal law and the values of the subject, which in turn led to the antithesis of the criminal law from substance to form. In view of this kind of situation, this article has carried on the research to the bifurcation point between the substantive interpretation theory of the criminal law and the formal explanation theory, and explained that although the two are in opposite state, there is still some correlation between them.