两个刑事个案引发的法律解释方法之思考

Reflection of the method of legal interpretation caused by two criminal cases

刑法担负着社会保护和人权保护的双重使命,刑罚的适用必须在被告人所犯罪行和应处刑罚之间寻求一种平衡,也就是建立罪刑之间的价值均衡。正确的解释法律领会立法精神是建立这种价值均衡的前提。本文通过实例阐述对刑事个案的法律解释方法关系此罪与彼罪、罪与非罪的确定,最终影响定罪与量刑,实际上关系到罪刑之间的价值均衡。

The criminal law is responsible of the dual mission of the protection of society and human nights. The applicable penalty must seek a balance between the crime of the accused and the penalty, that is, to establish the value balance between the crime and the penalty. Correctly interpret the law and understand the spirit of the legislation is the premise to establish the value balance. The paper, through examples of criminal cases on the legal interpretation relating to the determination between one crime and another crime, crime and non-crime, and ultimately affect the conviction and sentence, in fact, related to the value balance between the crime and the penalty.