我国刑法立法解释问题思考

刑法立法解释,不仅是发展、完善刑法立法的重要方式,也是沟通、联接刑法立法和刑法司法的桥梁。而我国刑法立法解释在理论与实践方面均显消极滞后,亟需改进和完善:应提高对刑法立法解释重要性的认识,加强解释机构建设,提高立法解释的质与量;改革刑法司法解释制度,建立以法官适用解释为主体,以最高司法解释为补充的司法解释体制,使之与刑法立法解释相协调;促进我国刑法学派的形成和刑法学理解释的繁荣,从而推动刑法立法解释的发展与完善。

Consideration over Legislative Interpretation for Criminal Law in China

Interpretation of the Criminal Law in China serves not only as an important tool to develop and perfect the legislation of Criminal Law,but also as a bridge to connect legislation with judicature.However,legislation of Criminal Law in China is rather backward both in academic research and in concrete practice.Therefore,it is important to improve and perfect it in the following aspects: to heighten the awareness of the importance of legislative interpretation,to strengthen the construction of agencies for the legislative interpretation,and to improve the quantities and qualities of legislative interpretation;to make reforms on judicial interpretation system of Criminal Law to transform it into a system which has the applicable interpretation of judge as its main body,and has the supreme judicial interpretation as its supplementary body so as to conform it to legislative interpretation of Criminal Law;to promote the formation of schools of Criminal Law and to make China's Criminal Law academic interpretation more effective in order to provide impetus or nutrients for the development and perfection of legislative interpretation of Criminal Law.