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演绎推论是刑事裁判的基本思维模式,裁判者藉由演绎规则通过刑法规范对案件事实的涵摄来获取正当的个案裁判,以维护罪刑法定原则和法治理念。但是,由于刑法规范的不明确性,刑法规范对案件事实之涵摄关系的认定在实践中成为演绎推论的根本难题。作为演绎推论的辅助手段,法律解释技术的运用不可或缺,而其间的经验判断和价值判断是最为根本性的方法。
Deductive deduction is the basic mode of thinking of criminal referees. The referee obtains the proper case referee through deduction rules by means of criminal law regulating the facts of criminal cases so as to safeguard the legal principles of crime and punishment and the concept of law. However, because of the ambiguity of the norms of criminal law, the cognizance of criminal law norms to the culpability of the facts of the case becomes the fundamental problem of deducing deduction in practice. As an adjunct to the corollary deduction, the use of legal interpretation techniques is indispensable, while the empirical and value judgments are the most fundamental methods.