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概念思维因其本身所具有的局限性而无法在刑法条文的不变性与犯罪事实的可变性之间找到一个合适的平衡点。类型思维是刑法适用的基本思维方法之一,其优越性在于它是一种实质的、规范的、价值的思维模式。在刑法适用的过程中进行类型思维,既是准确理解刑法中犯罪构成要件的意义、保障刑法简洁性、正义性和安定性目标实现的需要,又是保障刑法价值判断目标和刑法目的实现的需要。类型思维尽管与概念思维分析理路相左,但是它并不排斥概念本身。
Because of its own limitation, conceptual thinking can not find a suitable balance between the invariability of criminal law provisions and the variability of criminal facts. Type thinking is one of the basic thinking methods applicable to criminal law. Its superiority lies in that it is a kind of substantive, standard and value thinking mode. Type thinking in the process of the application of criminal law not only accurately understands the significance of criminal elements in criminal law, but also guarantees the need of realization of the goal of concision, justice and stability of criminal law as well as the need of guaranteeing the value of criminal law and realizing the purpose of criminal law. Although typological thinking runs counter to conceptual thinking analysis, it does not exclude the concept itself.