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学术上的问题有真问题与假问题即伪问题之分,故在分析和解答问题之前,问题本身需要先予确证。当刑法真善美问题事关刑法哲学高度或刑法哲学境界,并且勾连着刑法文化,则刑法真善美问题本身的确证便是第一步。一、刑法真善美问题的依据法的真善美或法律真善美问题已见洋洋洒洒数十万字的著述~①,但刑法真善美问题还未见别人提出。笔者虽然已经发表了直接以刑法真善美为题的论文~②,但留下了很多问题没有论述或没有深入论述,而其中刑法真善美的问题依据便是被疏漏的问题之一。(一)刑法真善美问题的理论依据作为一个问题,刑法真善美首先有着哲学上的形成依据。刑法真善美的哲学形成依据可作两个方面的展开:一是缘自事物的普遍性与特殊性的辩证关系。这一关系将从外
Academic problems have true and false problems that pseudo-points, so in the analysis and answer questions, the problem itself needs to be confirmed. When the issue of truth, goodness and beauty of criminal law is related to the height of criminal law philosophy or the state of criminal law philosophy, and it is linked with the criminal law culture, the corroboration of the issue of truth, kindness and beauty of criminal law is the first step. I. The True, the Good, the Beautiful, the Beautiful, the Beautiful, the Beautiful, the Beautiful, the Beautiful, the Beautiful, the True, the Good, the Beautiful, the Law, the Law, the True, the Good, and the Beautiful have been seen in the hundreds of thousands of words of the world. Although the author has already published the essay titled “The True, the Good, and the Beautiful” of the criminal law, many problems have not been discussed or have not been discussed in depth. One of the problems that the truth of the criminal law is based on is the issue of omission. (A) the theoretical basis of the truth, goodness and beauty of criminal law As a problem, the truth and the goodness of the criminal law first of all have a philosophical basis for the formation. The philosophical foundation of the truth, the goodness and the beauty of the criminal law can be used for two aspects: First, the dialectical relationship between the universality and particularity of the thing. This relationship will be from outside