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编者按:在不同国家的不同社会发展阶段,刑法学者的任务并不相同。在我国,1997年刑法颁行至今已有近二十年,法条经历多次修改,理论研究不断前行,针对域内域外各种相关的问题,学界几乎都有涉及。精细化研究的益处固然很多,但其带来的碎片化问题也是日益明显。各种理论的准确性随着学者的探讨而更加捉摸不定。这可能给后来者的借鉴和研究起点的确立带来较多的困扰。尤其
Editor’s Note: Different stages of social development in different countries, the task of criminal law scholars are not the same. In China, the criminal law was promulgated in 1997 for nearly 20 years. The law has undergone many changes and theoretical research has been on the way. Almost all the academic circles have been involved in the study of various related issues outside the territory. While the benefits of fine research are numerous, the fragmentation problems it brings are also becoming increasingly apparent. The accuracy of various theories is more unpredictable as scholars discuss. This may bring more troubles to the later reference and the establishment of the research starting point. especially