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法律规范是以规定法律行为为内容的行为规范。法律规范以抽象的类型化的行为为基本内容,表现为一个抽象的行为模式,指引着人们行为的实施。同时,法律规范必然要与社会的具体事实相结合方能发挥其作为行为规范的作用。要将法律规范更好地与具体的事实相结合,就有必要对其作出说明和解释。由刑法不同于与其他部门法的基本属性决定,刑法解释在其观念和规则上具有相对的独特性。同刑法规范一样,刑法解释所涉及的往往是社会生活中较为重大的利益。不同的刑法解释立场会得出不同甚至是完全相反的结论。因而,对刑法解释基本立场的关注就显得格外重要。
Legal norms are regulated by the provisions of legal acts as the content of the code of conduct. Legal norms to abstract type of behavior as the basic content, manifested as an abstract pattern of behavior, guiding people’s conduct. At the same time, legal norms must be combined with the specific facts of society to play their role as norms of conduct. To better integrate legal norms with specific facts, it is necessary to explain and explain them. By the criminal law is different from the basic attributes of other departmental law decisions, criminal law interpretation in its concept and rules have relative uniqueness. As with criminal law norms, the interpretation of criminal law is often involved in the more significant interests of social life. Different interpretations of criminal law will lead to different or even the opposite conclusion. Therefore, it is particularly important to pay attention to the basic position of interpretation of criminal law.