刑罚的适用解释与判例的作用

Criminal Laws Explaination Adaptation and Role of Prejudiction System

刑法的适用解释即法官在具体个案中对刑法的解释是不可避免的。当前,我国的刑法适用解释需要加以规范和制约,以更好地体现公正和罪刑法定原则的要求。实行判例制度无疑有助于实现司法公正和罪刑法定。

The view of this thesis is that the criminal law's explaination adaptation the criminal law's explaination when a judge deal with a case cannot be escaped; in addition, it always plays a key role. Under our country's practical situation, the criminal law's explaination adaptation needs to be standard and restricted to incarnate the requests of fairness and the principle of crime judged by law. There will be no doubt that it is helpful to realize elisor fairness and crime judged by law if carrying out prejudiction system.