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“许霆案”被称为我国刑事司法进程中经典案例,其引发的百家争鸣般的全民大讨论也实属罕见。许霆案虽然至今已经尘埃落定,但这个案件背后所反映出目的解释方法在我国刑事司法实践中遭遇忽视甚至被搁置这一现状令人担忧。法官在适用刑法审理案件过程中,不仅应当重视目的解释方法的运用,而且应该在坚持主观解释论的原则的基础之上严格适用目的解释方法,以推进刑事司法法治化的进程。
“Xu Ting case ” is called the classic case in the process of criminal justice in our country. It is also rare for the all-people discussion that has caused a hundred schools of thought to contend. Although the Xu Ting case has been settled to this day, the fact behind the case that the purpose explanation method was neglected or even shelved in the practice of criminal justice in our country is worrying. In the course of applying the criminal law, the judge should not only pay attention to the purpose of explaining the application of the method, but also should strictly apply the purpose of explanation on the basis of the principle of subjective interpretation to promote the legalization of criminal justice.