摘要： 刑法中任何法条的设置都是形式与内容的统一，也是现象与本质的统一。形式与内容是一对范畴，本质与现象也是一对范畴，形式与本质并非是绝然对立反而是可以兼容的。所谓形式解释论与实质解释论的流派划分和理论对立实际上是一个伪命题。刑法一经制定颁布就具有凝固的特性，而社会现实是一个流动的过程，所以主观解释和客观解释也不是绝对的。刑法解释的基本目标是通过对法律文本的每一个条款规定现象的本质抽象，测量其基本的文意字义射程和确定其基本的意思边界，尽可能明确定义、形成概念，然后根据形式与内容的相互关系，通过演绎手段对法律文本规定形式下的内容可以进行无限证实的挖掘，尽可能确立起一个评价标准和判断标准。刑法解释的过程，实际上是一个形式逻辑的思维过程，必须遵守逻辑思维的一般规律；刑法解释结论在实践中的运用，则是一个据以对各种生活现象和案情情节的归纳、判断过程，证伪方法是一个必要的检验手段。

关键词: 实质解释, 形式解释, 逻辑解释, 形式与内容, 本质与现象

Abstract: n criminal statute, provisions have been designed to achieve the unity of form and content as well as the unity of appearance and substance. Philosophically speaking, as the form and content fall into one category and the substance and appearance belong to another, form and substance, instead of serving as two opposite sides, can becompatible with each other. Therefore, the division of formal interpretation and substantive interpretation actually turns out to be a false proposition. So is confrontation in the pertinent theories. Unlike criminal law which becomes frozen at the moment it has entered into force, social life is in an ever-flowing process. Consequently, the line between objective interpretation and subjective interpretation is relative rather than absolute. The basic aim of the interpretation of criminal law is to nail down definitions and form the concepts through penetrating the phenomenon to get the substance of every provision in the criminal statute in order to measure its range and set the boundary, and also to establish a standard for evaluation and judgment through an endless verification to unearth the content of the clauses by means of deduction according to the relations of form and content. In fact, the inter-pretation of the criminal law is a process which the formal logic takes effect. Thus, the law to the logical thinking should be observed. The application of the conclusion from criminal law interpretation is a process of inductive reasoning and judgment on the various phenomena in life and specified details in cases based on this conclusion itself, which makes the falsification an essential testing measure during this process.

Key words: Substantive Interpretation, Formal Interpretation, Logical Interpretation, Form and Content, Substance and Appearance