在大陆法系刑法理论中,以行为与法益的关系为标准,可以将犯罪划分为形式犯和实质犯。
In the criminal theory of continental law system, crimes can be classified into offense in form and offense in substance according to the relation between act and legal interest.
功能主义的刑法解释论具有目的导向性、实质性、回应性与后果取向性的特点。
The functionalism theory of statutory interpretation in criminal law has four features of purposiveness, substantialization, responsiveness and result-orientation.
这不仅混同了“事实”和“价值”的区别,也忽视了刑法评价过程中由表及里、由形式到实质的层次性。
Not only this has confused "the fact" and "the value" difference, also has neglected in the criminal law appraisal process from outside to inside, from the form to the substantive hierarchical.
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