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罪刑法定的司法化是罪刑法定实现的关键,其中法律方法的运用尤为重要。自近代以来,法律方法大体经历了近乎机械适用的设计到允许法官解释法律,再到法律论证的演变过程。法律方法与一国或地区一定时期的主导价值观紧密相联,具体方法的选择则需考虑个案事实与法律规范之间的复杂关系。立足于我国法治后发型的现实,依案件事实与罪刑规范的不同关系,稳妥地选择体现我国罪刑法定人权保障主导价值取向的法律方法,是我们的基本立场。
The legalization of crime and punishment of the legalization is the key to the legal implementation of crime and punishment, of which the application of legal methods is particularly important. Since modern times, the legal approach has generally undergone a nearly mechanical design to allow the judge to interpret the law and then to the evolution of legal argument. The legal method is closely linked with the dominant values of a country or region for a certain period of time. The choice of specific methods needs to consider the complex relationship between the facts of the case and the legal norms. Based on the reality of the hairstyle after the rule of law in our country, it is our basic position to make a sound choice of the legal methods that reflect the leading value orientation of legal human rights in our country depending on the different relations between the facts of the case and the norms of crimes and punishments.