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近10年,来我国刑法学界有关刑法(适用)方法问题研究比较丰富,不仅在刑法解释方法方面的研究不断深入,而且在刑法思维方法、刑法推理方法、刑法论证方法、刑法修辞方法、刑法漏洞处理方法、利益衡量和价值判断方法等其他方面也进行了探讨。但在关注和回应刑事司法实践需求等方面仍存在不足,需要加强刑法方法理论与刑事司法实践的结合,使刑法方法论更具有应用性与可操作性,以推动我国刑事法治的发展。
In the recent 10 years, the study of criminal law (applicable) methods in China’s criminal jurisprudence field has been extensively studied. Not only the researches on the criminal law interpretation methods have been deepening, but also have been widely studied in the criminal law thinking methods, criminal law inference methods, criminal law argumentation methods, criminal law rhetoric methods, Other aspects such as methods of handling, measurement of interests and value judgments have also been explored. However, there are still some shortcomings in paying attention to and responding to the needs of criminal justice practice. The combination of criminal law theory and criminal justice practice needs to be strengthened so that the criminal law methodology is more applicable and operable to promote the development of criminal law in our country.