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当然解释作为一种法律解释方法,或者说是一种解释的理由,在刑法适用中具有重要意义。当然解释的推理依据包括规范宗旨和事物本性。法官通过适用当然解释,可以以规范目的及事物属性的当然道理为依据,将法无明文规定的事项解释为包含在既有条文规定的适用范围之内。当然解释在实践中的应用体现为举重以明轻和举轻以明重两个方面,通过当然解释得出的结论能否被采用则取决于其是否符合罪刑法定原则的要求。
Of course, explanation as a method of legal interpretation, or as a reason for interpretation, is of great significance in the application of criminal law. Of course, the reasoning of interpretation includes the purpose and the nature of things. The judge, by applying the excuse of excuse, can interpret the matter that is not specified in the law as being included in the applicable scope of the existing provisions on the basis of the excuse of the normative purpose and the natural course of things’ attributes. Of course, the interpretation of the application in practice is to emphasize the two aspects of light weight and lightness, and whether the conclusion drawn by the explanation of course can be adopted depends on whether it meets the requirements of the statutory principle of crime and punishment.