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1997年我国新刑法第三条将罪刑法定原则确立为我国刑事立法最重要的基本原则之一。罪刑法定原则对于保障人权平等和司法公正起到了重要作用,同时又带来了不可避免的漏洞。这种情况下刑法解释应运而生。社会主义法治建设要求在刑法解释中遵循罪刑法定原则,做到刑法的确定性与适应性的真正统一。
In 1997, Article 3 of the new Criminal Law of China established the principle of legality as one of the most important basic principles of criminal legislation in our country. The principle of legally prescribed punishment for crimes played an important role in ensuring the equality of human rights and judicial fairness, at the same time, it brought inevitable loopholes. In this case, the interpretation of criminal law came into being. The construction of socialist rule of law requires that the legal principle of crime and punishment should be followed in the interpretation of criminal law so that the certainty and adaptability of criminal law can be truly unified.