刑法规避探析

The Analysis of the Avoidance of Criminal Law

公平、公正、规范是刑事执法的内在要求。论述刑法规避的概念、构成要件,研究刑事执法实践中出现的刑法规避现象并分析其原因,提出遏制与预防刑法规避的对策,对追求刑事执法公正、公平、规范的刑事执法目标,具有重大意义。

Fairness, justice and norm are the inherent requirements oi crxmmat taw enforce ment. It is significant to expound the concept and elements of the elusion with criminal law, to make a research on the phenomena of the ave of criminal law occurred in the criminal law enforcement and trying to analyze the reasons, then putting forward proposals to suppress and prevent the avoidance of criminal law, which has great significance to achieve the objectives of criminal law enforcement： Fair, impartial and normative.