摘要
刑法白地规定的大量存在,客观上对刑法基本原则构成了巨大的冲击,也在深层次方面考量着法官的自由裁量权。只有找出刑法白地规定存在的问题并分析其产生的原因,我们才能在理解刑法白地规定存在的合理性与必要性的基础上,提出因应的改良设想,最大限度地消除白地规定所带来的负面影响。
The large number of white-background regulations in criminal law have objectively formed a huge impact upon the basic principles in criminal law, and influenced the judge＇s discretionary power in a deep level as well. So, only when the defects existing in white-background regulations in criminal law have been found out and the factors to form them have been analyzed can we propose some corresponding consideration of improvement to eliminate those negative influences brought by the white-background regulations to the most extent based on our good understanding towards the property and necessity of them.
关键词
刑法白地规定
问题和原因
改良设想
white-background regulation in criminal law
defect and cause
consideration of improvement
