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刑法修正案和刑法立法解释是刑法立法完善的方式,但二者在形式、内容、作用等方面不同,建议《刑法修正案(八)(草案)》取消移植刑法立法解释的做法。在全面修订现行刑法之时,可在充分考虑刑法立法解释的基础上,采纳其合理部分,从而使刑事立法解释真正成为刑法规范不断自我完善的重要途径。
The amendment of criminal law and the interpretation of criminal law are the ways to improve the legislation of criminal law. However, the two are different in form, content and function, and it is suggested that “Criminal Law Amendment (8) (Draft)” abolish the practice of transplanting the legislative interpretation of criminal law. When the existing criminal law is completely revised, it can take its reasonable part into full consideration on the basis of the legislative interpretation of the criminal law, so that the interpretation of criminal legislation can truly become an important way for the criminal law to constantly improve itself.