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空白罪状是随着社会公共事业范围的不断扩大,顺应因自由法治国向社会福利法治国的转换而行政犯日趋增多的状况所出现的一种罪状表述方式。本文从对罪刑法定原则的重新理解中,论证了空白罪状并不违反罪刑法定原则,从而通过对空白罪状的修正,改善可以寻求到刑法二机能的最佳结合,从而实现刑法的目的。
With the continuous expansion of the scope of social public utilities, blank guilty is a form of guilt that comes along with the increasing number of administrative offenders due to the conversion of a free state ruled by law to a state ruled by social welfare. From a new understanding of the statutory principle of the crime and punishment, this article proves that the crime of blank does not violate the legal principle of crime and punishment, so that the purpose of the criminal law can be realized by amending the blank guilt and improving the best combination of the two functions of the criminal law.