摘要： 我国的刑法学难以适应社会发展的迫切需要，当下特别需要处理好以下几个关系：第一，强势理论与弱势理论。刑法学的研究应当从弱势理论着手，而不必以维护强势理论为目的。第二，真问题与假问题。刑法学中的真问题，应当是前提真实与客观存在，具有学术价值与实践意义，并且能够寻找到答案的问题；刑法学应当研究真问题，切忌将假问题当作真问题。第三，前见与偏见。刑法解释只能从前见出发，并且随时准备对前见进行修正，而且必须消除自己的偏见。第四，价值判断与逻辑结论。任何解释者都不能将自己的价值判断当作逻辑结论，也不应随其所好地接受任何价值判断。第五，学术批判与自我反省。刑法学研究主要是一种批判性思考，批判性思考并不只是批判他人的观点，还应包括对自己观点的反省。

关键词: 弱势理论, 真问题, 前见, 价值判断, 自我反省

Abstract: Our criminal law theory is difficult to adapt to the urgent need of social development. Under current Situation ,the following relationships are specially needed to be balanced. First of all, regarding the relationship between strong theory and weak theory, the criminal law study shall focus on the weak theory, while the maintenance of strong theory shall not be the aim of theory study. In the second place, regarding the relationship between true questions and false questions, true question in the criminal law shall have its true premise and objective existence, have its research value and practice meaning, and can be answered through theory study. The criminal law study shall focus on the research of true questions, avoiding by all means taking false questions as true questions. In the third place, regarding the relationship between foresight and prejudice, the criminal interpretation can only take foresight as the starting point, verifying and amending the foresight during the process of Interpretation, while the interpreter’s prejudice must be excluded from the interpretation. In the fourth place, regarding relationship between value judgment and logic conclusion, any interpreter cannot take for granted his own value judgment as logic conclusion, and any Interpreter cannot accept any value judgment based on his personal preference. Finally, regarding the relationship between academic criticism and self-reflection, the criminal law study shall mainly be a critical thinking. As to the critical thinking, it is not only referring to the critique of other scholars9 opinions, a self-reflection of the interpreter’s own opinion is also included.

Key words: Weak Theory, True Questions, Foresight, Value Judgment, Self-Reflection