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法律应当尽量明确,这是现代法治社会对立法的基本要求。然而,由于种种原因,我国当前法律中的模糊现象还比较严重。那么,当法律不明确时,执法者应当如何应对?我想此时有以下一些原则需要遵循:一是相似性原则。当前后几种情形并列,有的清楚、有的模糊时,模糊的应被理解为与清楚的相类似。举例言之,刑法中有的条文在列举了若干项罪状之后,往往来一个“其他”,如刑法第170条的伪造货币罪和第318条的组织他人偷越国家边境罪,在规定加重处罚的情节时,分别在列举了两项和六项情节之后,最后来一项“有其他特别严重情节的”。这里的“其他特别
The law should be as clear as possible. This is the basic requirement of legislation in a modern society ruled by law. However, due to various reasons, the vagueness in current law of our country is still rather serious. So, when the law is not clear, law enforcement should be how to deal with? I think the following principles need to be followed: First, the principle of similarity. At present, after a few cases of juxtaposition, some clearly, some vague, fuzzy should be understood as clear and similar. For example, some articles of the criminal law, after enumerating a number of counts, often come under the guise of an “other” such as the crime of counterfeiting money under Article 170 of the Criminal Law and the crime of organizing others to sneak across the country border under the provisions of Article 318 Of the plot, after enumeration of two and six plots, respectively, a “other particularly serious plot.” Here’s "other special