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作为概括式立法的典型代表,兜底条款的局限性源自其模糊性及涵盖性高等特点。在理论上易与倡导明确性的罪刑法定原则发生冲突,同时在实践中也易导致司法解释的滥用以及法官滥用自由裁量权等问题。但兜底条款在具有局限性的同时,其合理价值如何运用值得重视和研究。
As a typical representative of general legislation, the limitations of the exhaustive clause stem from its vagueness and high degree of cover. In theory, it is easy to conflict with the statutory principle of crime and punishment, which advocates clarity. In practice, it also easily leads to abuse of judicial interpretation and abuse of discretion by judges. However, while the limitations of articles, the reasonable value of how to use it worthy of attention and research.