论刑法立法解释与司法解释的协调

目前,我国刑法的立法解释和司法解释存在失谐,其既有法律制度的因素,也有部门的因素和实践的因素。解决二者的失谐,必须实现刑法司法解释的规范化以及立法解释的经常化,而最根本的措施则是要完善制度、加强协调、强化监督。

On Coordination of Legislative Interpretation and Judicial Interpretation of Criminal Law

In recent years, there exists inhamony between the legislative and judicial interpretation of China's criminal law. This inharmony is caused not only by the factors in law system, but also by the factors from the departments and law practices. In order to solve such problem, judicial interpretation should be formalized and legislative interpretation be frequently put into practice. Totally speaking, the emphasized foundation measure is to perfect the regulations, enforce the coordination and strengthen the supervision.