概念与事实的交错:诠释犯罪概念多义性的另一种视角

The Connection between Concepts and the Facts: Another Interpretation to the Ambiguity of the Concept of Crime

概念与事实在表象层面上属于主观与客观的反映与被反映关系,而这似乎并非概念与事实之间关系的真相,概念与事实之间确切地说属于一种"概念抽象事实、事实型塑概念"的互动交错关系。犯罪概念多义性的在语言学基础层面的内在机理,也是决定刑法解释的对象为事实与规范的互动关系的深层次原因。只有在事实与规范的穿梭往返中,规范的真正涵义才会浮出水面,规范以及组成规范的概念才有可能在事实的牵引下获得灵活性和解释弹性。

Concepts and facts at the level of representation belong to the relationship between subjective and objective reflection and being reflected,but this does not seem to be the truth of the relationship between concepts and facts,and the relationship between concepts and facts belongs to a kind of interactive interlaced relationship of"concepts abstract facts and facts form concepts".The inherent mechanism of the ambiguity of the concept of crime at the linguistic level is also the deep-seated reason why the object of criminal law interpretation is the interactive relationship between facts and norms.Only in the interactions between facts and norms,the real meaning of norms will come to the surface,and norms and the concepts that constitute norms can obtain flexibility and interpretation elasticity under the traction of facts.