The analogy provision was prescribed in 1979 CriminalLaw and abolished in the amendment in 1997, and the principle of a legally prescribed punishment for a specified crime established formally.
It is the way to solve this problem that we can use explanation method incriminallaw, the analogy explanation, the amplified explanation and the substantial analogy explanation.
解决之道在于合理运用刑法解释方法类推解释、扩张解释与类比解释。
3
There are different understandings on the concepts of "analogy", "analogical interpretation"and "application of analogy" incriminallaw in Continental legal System and Common law System.