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刑法目的解释是刑法解释论中的重要理论和方法,由于刑法目的的复杂性,作为刑法目的解释依据的“目的”呈现出多维的态势。本文从刑法目的中人权保障与法益保护的二维矛盾出发,相应地对刑法目的解释中立法者目的论和法条目的论两个维度进行梳理和扬弃,力图提倡在刑法解释中坚持人权保障为根本价值、罪刑法定原则为基本原则,在刑法目的解释适用中坚持以立法者目的论为基础,以法条目的论为有益补充,实现二者的有机统一,以正确认识并合理适用刑法目的解释方法。
The purpose of criminal law is an important theory and method in the interpretation of criminal law. Due to the complexity of the purpose of criminal law, “purpose ”, which is the basis of criminal law interpretation, presents a multi-dimensional situation. Starting from the two-dimensional contradiction between the protection of human rights and the protection of the law and interests in the purpose of the criminal law, this paper combs and abandons the two dimensions of the goal law and the law of the object of law respectively in the purpose of the interpretation of the criminal law, trying hard to advocate the safeguard of human rights in the interpretation of criminal law as Fundamental value and the principle of legally prescribed punishment as the basic principle. In the application of the purpose of the criminal law, we insist on using the theory of the law of the legislator as the basis and the theory of the law as a supplement to realize the organic unity of the two in order to correctly understand and rationally apply the purpose of criminal law method.