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当前,我国立法界已经将罪刑法定原则作为刑法中最重要的基本原则之一。然而,刑法中却仍留有许多与类推制度相关的条文,刑法解释中也还保留许多类推解释,甚至法律实践中还会运用类推制度来定案。虽然类推制度已经被我国刑法所废止,但其很难在短时间内彻底消除。可以说,我国虽然确立了罪刑法定的基本原则,但其与法律类推制度仍然存在一定的联系。
At present, the legislature of our country has regarded the principle of legality as one of the most important basic principles in criminal law. However, there are still many provisions in the criminal law that are related to the analogy system. Many analogical interpretations are retained in the interpretation of criminal law. Even analogies are used in legal practice to determine the analogy. Although the analogy system has already been abolished by our criminal law, it is difficult to eliminate it in a short time. It can be said that although China has established the basic principle of legally prescribed punishment for crimes, it still has some connection with the legal system of analogy.