从刑法理论上看,是否应禁止类推解释存在不同观点,这对现代法治的构建多有不利。从司法实践上看,类推解释与其说是挥之不去的阴影,毋宁是司法主体倚重的一种法律方法,这与法治的内在精神相背离。基于理论聚讼与实践需要两个层面,需认真考察类推解释的存在现状及理论根源。为了达致合理判断类推解释的目的,需转换研究视角,将语言逻辑结构作为分析范式。 From the perspective of criminal law theory, whether there should be a ban on the analogy of interpretation exists in different perspectives, which is more detrimental to the construction of modern law. From a judicial point of view, the analogy of interpretation is not so much a lingering shadow as a legal method on which the judicial body relies, which departs from the inherent spirit of the rule of law. Based on the two levels of theoretical poly litigation and practice, we must carefully examine the existing status quo and theoretical sources of analogy interpretation. In order to achieve a reasonable judgment of the purpose of analogy interpretation, we need to change the perspective of study and use the logical structure of language as the analysis paradigm.