刑法解释的立场与方法.pdfVIP

tools by which the criminal law interpretation finally made. How to find the field with lawmakers which have special judgment in accordance with the legislative intent to explain it, and make the objectivism criminal law interpretation on enhancing adaptability, the answer is dependent on the specific application in criminal law interpretation methods. In this part, this paper analyzes the specific method of interpretation of criminal law, and put forward their views on the position of the interpretation of criminal law. Key words: Interpretation of Criminal Law; Subjectivism; Objectivism; Eclecticism; Means 4 目 录 引 言··························································································6 一、刑法解释的概念 ··········································································8 （一）刑法解释的主体············································································9 （二）刑法解释的对象···········································································12 （三）刑法解释的目的···········································································14 二、刑法解释的立场 ·········································································14 （一）大陆法系的刑法解释立场观··························································15 （二）我国刑法学界的解释立场观··························································18 （三）刑法解释立场面临的问题与出路···················································21 （四）本文的刑法解释立场观·································································28 三、刑法解释的方法 ·········································································36 （一）刑法解释方法的分类····································································36 （二）刑法解释的具体方法·····················································