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刑法解释主体的争议根源于刑法解释权的归属问题,依据对刑法解释权的规范性定位,本文考察了我国刑法解释权的实然归属状况并分别予以分析和评判,指出应将本属于法官的刑法解释权还给法官,更倡导和尊重法官的刑法解释权,如此才能使罪刑法定原则司法化、提高审判效率、促进司法独立、促进法官素质的提高。
According to the normative orientation of the power of interpretation of criminal law, this paper examines the actual affiliation status of the power of interpretation of criminal law in our country and analyzes and judges them separately. It points out that this issue belongs to the judge The right to interpret the criminal law is returned to the judge. It also advocates and respects the judges’ right to interpret the criminal law. Only in this way can the principle of legality of crimes and penalties be juried, the trial efficiency can be improved, the independence of judiciary can be promoted, and the quality of judges improved.