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法律多元的观念决定了作为国家制定法的刑法和单行刑法在应对不能或不力时应主动寻求其他形式的补充性法源。而刑事民间法由于兼具确定性和灵活性,能够成为弥补国家制定法不足的优势选择。从实质理性的角度,对刑事民间法规范地位的承认,亦不会导致与罪刑法定原则的冲突。相反,在刑法解释活动中,尤其是在出罪的场域,刑事民间法完全可能与国家制定法进行良性互动,并作为解释活动的参照,以经验法则的姿态为法官进行法律推理和法律论证提供辅助,确保解释结论的适应性、妥当性。
The concept of pluralism of law determines that criminal law as a national law of enactment and solitary criminal law should actively seek other forms of supplementary law when coping with inefficiency or weakness. Because of both certainty and flexibility, criminal civil law can become a superior choice to make up for the inadequacy of state lawmaking. From a substantive and rational point of view, the recognition of the normative status of criminal and civil laws will not lead to conflicts with the principle of legality of crimes and punishments. On the contrary, in the criminal law interpretation activities, especially in the field of crimes, criminal civil law may well benignly interact with the national statute law, and as a reference for interpreting activities, the rule of law as a judge for legal reasoning and legal argument Provide assistance to ensure that the interpretation of the conclusions of the adaptability and appropriateness.