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我国附属刑法规范表述路径和立法模式尚存在诸多缺陷。附属刑法规范的制定、修改应沿袭刑法典制定、修改的刑事立法理念,以免导致附属刑法规范之刑法精神的丧失。附属刑法规范制定既要坚守刑法基本原则理念和现代刑法新理念;为实现附属刑法规范的科学性、明确性和可操作性,应倡导在散在型立法模式的指引下制定附属刑法规范。
There are still many shortcomings in the normative path and legislative mode of our country’s affiliated criminal law. The formulation and revision of the norms of the affiliated criminal law should follow the concept of criminal legislation formulated and revised by the criminal code so as to avoid the loss of the spirit of the criminal law that is governed by the attached criminal law. It is necessary to adhere to the basic criminal law concepts and the new concept of modern criminal law in order to establish the norms of the affiliated criminal law. In order to realize the scientificalness, clarity and operability of the subsidiary criminal law norms, the norms of the subsidiary criminal law should be formulated under the guidance of the scattered legislative model.