由于立法技术的自身缺陷,制定法在实践中会面临很多问题。在很多情况下,立法并不能完全解决这些问题。“西丰公安进京抓记者案”所反映出来的“报复性追诉”问题至今尚未被立法、理论所关注,刑法对类似案件的严格适用尽管合法,却是对正义、合法的行为甚至念头的一种摧残。面对这样的案件,必须借助司法,在具体个案中创设规则、矫正不义、塑造社会。 Due to the inherent defects of legislative technology, the enactment law will face many problems in practice. In many cases, the legislation can not completely solve these problems. The issue of “retaliatory prosecution” as reflected in the case of “Xifeng Public Security to Beijing arrest reporter” has not yet been brought to the attention of the legislature and theory. The strict application of the criminal law to similar cases, though valid, is a justification of justice and lawfulness A devastating act or even thought. Faced with such cases, we must make use of the justice system to create rules in specific cases so as to correct injustice and create a society.