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罪刑法定原则是依据刑罚的具体条文来定罪处罚的,但由于刑法条文的具体性和有限性,因而出现了法律适用机械化及司法独立与社会适应性之间的矛盾,同时在刑法上的定罪处罚,司法解释的效力在一定程度上超过了刑法条文。尽管罪刑法定的四个派生原则在理论上被禁止,但在实际中却不断的应用。因而在应对罪刑法定的不足之处,要运用非规范性文件来解决问题,达到理论性与实践性的有机统一。
However, due to the specificness and limitation of the criminal law provisions, the contradiction between the application of mechanization of law and the independence of the judiciary and social adaptability has emerged. At the same time, the criminal law has been convicted and punished , The effectiveness of judicial interpretation to a certain extent, exceeded the criminal law provisions. Although the four derivative principles of the statutory offense and punishment are theoretically banned, they are constantly applied in practice. Therefore, in response to the inadequacies of the statutory provisions of crimes and punishments, it is necessary to use non-normative documents to solve the problems and to achieve the organic unity of theory and practice.