摘要： 立基于量刑公正的考量，疑难案件中定罪与量刑之间有失比例的矛盾无可避免。定罪与量刑不仅是以刑事责任为中介的因果历程，而且是以刑法解释为调适的有效对接，同时也是以刑罚目的为依循的一体运作。在立法既定的情况下，刑法目的解释能够合理化解定罪与量刑之间的矛盾，满足实现量刑公正的需要。刑法目的解释应该以刑罚目的为基准逻辑展开，并且充当法源的刑法目的解释应当被禁止，而指导法官量刑的刑法目的解释应当被守护。

关键词: 刑法目的解释, 量刑公正, 难办案件, 刑罚目的

Abstract: For the target based on just sentencing, the unbalance between conviction and sentencing in difficult cases is unavoidable. Conviction and sentencing is not only a cause and effect relationship with criminal responsibility as the intermediary, they are also effectively jointed with proper criminal law interpretation; and at the same time,they are also unified operations abiding by aim of punishment. Under the situation when the legislation is consistent, the interpretation to the object of criminal law can reasonably resolve conflicts between conviction and sentencing, and satisfy the necessity to realize just penalty measurement. But the interpretation to the object of criminal law should be logically performed based on the aim of punishment, and the interpretation to the object of criminal law acted as the source of law should be prohibited, whereas the interpretation to the object of criminal law that guides penalty measurement of judges should be guarded.

Key words: Interpretation to the Object of Criminal Law, Sentencing Justice, Difficult Cases, Aim of Punishment