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刑法法条的立法原意是指立法时的立法者意图,其在刑法解释中蕴含了形式法治、人权保障等重要价值。在当前刑法知识转型的背景下,刑法解释理论的构建无法脱离立法原意,有必要进一步厘清其概念的客观性与模糊性,正确认识其方法论解释学、民主、权力制衡以及法的明确性与安定性等理论依据,以及对其的批判和质疑。应当在罪刑法定的基础上,从原则、规则和解释方法等方面出发,探索能够正确理解立法原意的刑法解释路径。
The original legislative intent of criminal law refers to the intention of legislators in the legislation, which contains the important value of the rule of law and guarantee of human rights in the interpretation of criminal law. Under the current background of knowledge transformation of criminal law, the construction of criminal law interpretation theory can not be divorced from the original intention of legislation. It is necessary to further clarify the objectivity and ambiguity of its concept and to correctly understand its methodological hermeneutics, democracy, balance of power and the clarity and stability of law Sexual and other theoretical basis, as well as its critique and challenge. Based on the principle of legality, rules and methods of interpretation, we should explore the path of interpretation of criminal law that can correctly understand the original intention of legislation.