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西方法学界所指称的刑法解释目标,实质上是指法官的刑法适用解释的目标,而我国刑法解释体制仅包括刑法立法解释和带有普适性的刑法司法解释两类,并不承认法官的刑法适用解释。长期以来,我国理论界在探讨我国刑法解释目标的选择时,大多是针对刑法司法解释而言,忽视了刑法立法解释自身的特殊性。依照各自的性质、特点及法治现状,我国刑法司法解释应采取以主观解释为主、客观解释为辅的折衷说,而刑法立法解释目标应当采取客观说,以最大限度地满足现实对法律的期盼的目标。
The target of interpretation of criminal law in western jurisprudence essentially refers to the objective of interpreting criminal law applicable to judges. However, the interpretation system of criminal law in our country only includes the interpretation of criminal law and the judicial interpretation of criminal law with universality, Criminal law applicable to explain. For a long time, when discussing the choice of the target of interpretation of criminal law in our country, most of the theoretical circles ignored the particularity of the interpretation of criminal law legislation in light of the judicial interpretation of criminal law. According to their own nature, characteristics and the status quo of the rule of law, the judicial interpretation of criminal law in our country should adopt the compromise that is mainly based on subjective interpretation and supplemented by objective explanation. However, the goal of legislative interpretation of criminal law should be objectively speaking to satisfy the realistic requirements of law Hope of the goal.