准确界定刑法明确性原则的概念,既是认识和理解明确性原则的逻辑起点,也是拓展和深化明确性原则研究必须面对与回答的问题。在把握明确性原则的概念时,首先需要廓清明确性与确定性、明确与明文、明确性与具体性等相近概念之间的差异,在此基础上,还需要进一步厘定究竟应在什么层面以及何种意义上使用明确性这一语词。由于形式与实质相统一的“明确性”概念不仅指明了明确性原则的基本含义,而且也揭示了明确性原则的根基,因而是一种比较妥当的关于明确性原则的定义。 Accurately defining the concept of the principle of the clarity of criminal law is not only the logical starting point for understanding and understanding the principle of clarity, but also the issue that must be confronted and answered in order to expand and deepen the study of the principle of clarity. In grasping the concept of the principle of clarity, we first need to clarify the differences between the concepts of clarity and certainty, the definiteness and clarity, the clarity and the specificness, and on the basis of which we need to further determine exactly at what level In what sense is the use of the word clarity. The concept of “clarity” not only indicates the basic meaning of the principle of clarity, but also reveals the foundation of the principle of clarity, which is therefore a more appropriate definition of the principle of clarity.