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刑法之适应性,就是指相对固定、简单和有限的刑法规范如何满足纷繁复杂、变动不居的社会生活需要。“许霆案”所涉及的实质性问题其实就是刑法的适应性问题。法律之适应性问题的存在实际上反映了法治的内在矛盾,亦即形式的法治观与实质的法治观之间的冲突。当代罪刑法定主义理念,已经将形式侧面与实质侧面有机地结合起来,是对形式与实质相统一的法治观念的一种表达。而刑法之适应性机制,则是实现这种结合的制度支撑。
The adaptability of criminal law refers to how the relatively fixed, simple and limited criminal law norms can meet the needs of complicated and constantly changing social life. “Xu Ting case ” The substantive issues involved is actually the adaptability of criminal law. The existence of legal adaptation problems actually reflects the inherent contradictions of the rule of law, that is, the conflict between the concept of the rule of law and the concept of the rule of law. The concept of legalism of crimes and punishments has organically combined the formal side with the substantive side and is an expression of the concept of the rule of law unified by form and essence. The adaptive mechanism of criminal law, it is to achieve this combination of institutional support.