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刑法现有的条文规定多是出于对典型性犯罪行为的规定,而由于现实生活的复杂性,存在许多非典型性的犯罪行为,囿于刑法规定的局限性以及对罪刑法定原则机械、形式的理解,对这些行为的定性往往存在争议。如果能够通刑法解释厘清非典型性犯罪行为与典型性犯罪行为的关系,那么问题就会简单许多。在刑法解释上可以解决的问题就没有必要再上升到立法修改。
Due to the complexity of the real life, there are many atypical criminal acts, due to the limitations of criminal law as well as the legal principle of crime and punishment of machinery, the form of the existing provisions of criminal law is out of the typical criminal acts, The understanding of these behaviors is often controversial qualitative. If we can clarify the relationship between atypical criminality and typical criminality through the interpretation of criminal law, then the problem will be much simpler. There is no need to go up to the legislative amendment again for the problems that can be solved in the interpretation of criminal law.