鉴于扩张解释难以遏制的“扩张本性”及存疑有利被告论的不可信与不可行,对于有利被告之扩张解释需要持怀疑态度。在适宜的时机,应当确立有利被告扩张解释禁止规则。不过,仍须坚持有规则就会有例外。在无被害人案件中,倘若国家自愿出让权力配置的,在司法实践中仍然可以允许有利被告扩张解释之适用。择一认定理论也并非完全是对存疑有利被告论的加工,相反,在一定程度上是对其的反动。 In view of the fact that expansionary interpretation is difficult to contain, and that the doubtfulness is not credible and impractical for the defendants, it is necessary to be skeptical about the expansion of the defendant’s explanation. At an opportune moment, a favorable defendant should be established to explain the prohibition rules. However, there are exceptions to sticking to the rules. In the case of no victims, if the state voluntarily sells the power allocation, it can still allow the applicable defendant to expand its interpretation in judicial practice. The theory of choice of one does not mean that it is entirely a processing of the accused on the basis of doubtfulness. On the contrary, it is to some extent the reaction to it.