刑法解释学中的一个热点问题是形式解释论与实质解释论之争。然而,这两种解释论,无论是从解释结论,还是从定罪思路看,都不存在真正意义上的差别。人们在具体案件上的争议来源于一些实质性的分歧,而与不同的解释立场并无关系。从而,形式解释论与实质解释论之争不过是一种学术姿态上的分歧,或者说,是一种口号之争。此外,本文还将揭示,这种口号之争依赖于诸多误解而存在,它不仅浪费了大量的智力资源,还可能对刑事司法实践产生不利影响。澄清这些误解与批判这一虚构的对峙,具有理论与实践上的必要性。 A hot issue in the interpretation of criminal law is the debate between formal interpretation and substantive interpretation. However, there is no real difference between the two theories of interpretation, either from the interpretation of the conclusion or from the point of view of the criminalization. The controversy that people have in specific cases stems from some substantive divisions and has no connection with different interpretative positions. Thus, the debate between formal interpretation and substantive interpretation is nothing more than an academic disagreement or, in other words, a slogan. In addition, this article will also reveal that this slogan depends on many misunderstandings exist, it not only wasted a lot of intellectual resources, but also may have an adverse impact on criminal justice practice. It is both theoretically and practically necessary to clarify these fictitious confrontations between these misunderstandings and criticisms.