论文部分内容阅读
我国刑法中规定了大量的空白规范,需要依靠补充规范对具体犯罪构成要件中的内容予以明确。这些补充规范与犯罪成立与否及其范围密切相关,一旦发生变更,也会影响到刑法规范的适用范围,引发刑法时间效力的探讨。应当根据补充规范的不同性质,分别采取“从旧兼从轻”原则与“限时法”原则,科学、合理地选择适用的法律规范。
The criminal law of our country has stipulated a large number of blank norms, need to rely on the supplementary norms to make clear the contents of the specific crime elements. These supplementary norms and the establishment of criminal or not and its scope is closely related to once changed, it will also affect the scope of the application of criminal law norms, triggering the discussion of the effectiveness of criminal law time. According to the different nature of supplementary norms, they should adopt the principle of “from the old and from the light” and the principle of “limited time” respectively, so as to select the applicable legal norm scientifically and reasonably.