基于人权保障,贯彻罪刑相适应原则,在刑罚的发动上也应做到对于同样的情况给予同样的对待,不同的情况不同对待。由于法律是建立在一定经济基础之上的统治阶段的意识体现,经济基础的变动必须引起相应的法律制度的变动,故而有了中间时法的存在。解决中间时法的问题不仅应考虑到法律对行为的评价有其固有的滞后性弱点,而且还应考虑到处于弱势地位的被告人的基本人权保障问题。 Based on the principle of guaranteeing human rights and carrying out the principle of matching crime and punishment, the same should be done on the launching of penalties in the same circumstances, and different situations should be treated differently. Because law is a manifestation of the awareness of the ruling stage based on a certain economic basis, changes in the economic base must lead to changes in the corresponding legal system, so there is an interim approach. The solution to the problem of the intermediate method should not only take into account that laws have inherent laggard weaknesses in their evaluation of behavior but should also consider the basic guarantee of human rights for defendants in disadvantaged positions.