《刑法修正案(七)》第3条对刑法第201条做了较大幅度的改动,这一改动背后所体现出的刑法法理依据并未得到应有的重视。过往的研究仍然侧重于条文的技术理性,忽视其价值理性,因此,对该条文的解释结论也千差万别。注重探寻条文背后的刑法法理依据可能是达成共识的基础,有必要给予足够的重视,同时,这也是注释刑法学所面临并亟待解决的问题。 Article 3 of the Criminal Law Amendment (VII) makes more substantial changes to Article 201 of the Criminal Law. The basis of the criminal law and law reflected behind this change has not received due attention. Past studies still focus on the technical rationality of the provision and neglect its value rationality. Therefore, the interpretation of the provision also varies widely. It is necessary to pay enough attention to explore the legal basis of criminal law behind the articles. It is also a problem to be solved urgently to annotate the criminal law.