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我国刑法第三百九十九条规定了徇私枉法罪的犯罪构成要件及其刑罚,其中,在主观要素的描述中,将徇情枉法与徇私枉法置于并列的关系。但是,这种并列关系是否成立?如果不是并列关系,在刑法规范中,徇情枉法与徇私枉法之间是何种关系?对此,笔者认为,需要对刑法第三百九十九条之中的徇私枉法与徇情枉法的关系进一步厘清和深入探讨。首先,从词义和规范解释的角度考察
Article 399 of the Criminal Law of the People’s Republic of China stipulates the criminal elements and their penalties for crimes of favoritism and favoritism. Among them, in the description of subjective factors, they put aside the law of favoritism and favoritism in a side-by-side relationship. However, is this kind of juxtaposition relationship established? If it is not a juxtaposition, what is the relationship between law-abiding favoritism and law-abiding act in criminal norms? In this regard, The relationship between selfish preference and wrongdoing is further clarified and discussed in depth. First of all, from the point of view of meaning and normative interpretation