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刑法司法解释是联结刑法规范与刑事司法工作的桥梁,而目前研究刑法司法解释的文章尚屈指可数。本人不揣浅陋,愿以拙作为引玉之砖。一、刑法司法解释的概念及其特征。界定刑法司法解释,目的有二,其一是揭示刑法司法解释所特有的内涵;其二是从概念上明确刑法司法解释与其他相近概念之间的区别。近几年内,我国刑法理论界的一些学者曾试图给刑法司法解释下一个准确的定义。然而何谓刑法司法解释,至今却仍众说纷纭。概览有关论著,学者们提出过以下几种主要观点:
Judicial interpretation of criminal law is a bridge connecting the norms of criminal law and criminal justice work, and there are only a few articles on judicial interpretation of criminal law at present. I do not guess humble, willing to clumsy as the lead of the brick. First, the concept and characteristics of judicial interpretation of criminal law. The definition of judicial interpretation of criminal law has two purposes, one is to reveal the unique connotation of judicial interpretation of criminal law and the other is to clearly define the difference between judicial interpretation of criminal law and other similar concepts. In recent years, some scholars in the field of criminal law in our country have tried to give an accurate definition of judicial interpretation of criminal law. However, what is the judicial interpretation of criminal law, but it is still controversial. Overview of the treatises, scholars have proposed the following main points: