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陈忠林老师在讲课中也承认,刑法的迫不得已原则、行为、“三常”和人性是自己理论中最重要的概念,这些概念成为陈老师思考刑法理论问题乃至法学理论问题和分析现实问题的工具,这些观念为陈老师提出的反通说理论奠定了坚实的基础。本文从这些概念的含义入手,分析了这些概念之间的联系,以及这些概念与陈老师提出的重要理论观点之间的联系。
Chen Zhonglin also acknowledged in his lectures that the most important concept in his own theory is that his principle, behavior, “three regularities” and human nature are the last resort of criminal law. These concepts have become the theoretical problems of the criminal law as well as the legal theory and the analysis of realities. Tools, these ideas laid a solid foundation for Chen’s theory of reverse talk. Starting with the implications of these concepts, the paper analyzes the connections among these concepts and the links between these concepts and important theoretical ideas put forward by Professor Chen.