狭义刑法解释若干问题探析

刑法解释只能在确切的刑法含义范围内进行解释 ,而不能超出刑法含义容量的最大界限。刑法解释应该以“自解释确定之日起施行”更加合适。刑法解释的效力及于刑法的施行期间 ,对于该解释实施前已生效的处理结果 ,应当从有利于被告人的原则来决定是否改判。

Probe into the Problems of Narrow Explanation of Criminal Law

The explanation of criminal law should be limited in a clear and unambiguous range of meaning of criminal law and can not exceed the content of meaning of criminal law. It is appropriate that the explanation should be put into force from the date on which the explanation is confirmed. The force of explanation of criminal law goes into effect in the period of enforcement of criminal law, as for the treatment before the explanation, which has come into effect, judge should decide whether to change the original sentence according to the principle of benefiting the accused.