关键词: 堵截条款； 同类解释规则； 规范保护目的

Abstract: Miscellaneous provisions are frequently used in Chinese Criminal Law, and the ejusdem generis rule is the common rule for interpreting miscellaneous provisions. However, the text conditions provided by Chinese Criminal Law for the ejusdem generis rule are not ideal. The formal ejusdem generis rule is trapped in the internal system of the articles, while the substantive ejusdem generis rule misappropriates the accomplishment of the teleological interpretation. We should abandon the ejusdem generis rule that fails to justify and interpret miscellaneous provisions, focusing on the protection purpose of specific legal provisions. The protection purpose of specific legal provisions includes two aspects: legal interests and specific types of behavior. For the “single item” miscellaneous provisions, the protection purpose should be sought by interpreting the core words of the crime backwards. For the “multiple item” miscellaneous provisions, the protection purpose should be sought by interpreting and extracting the intersection of meanings of the listed items forward. Only behaviors that meet the protection purpose of specific legal provisions can be regulated by miscellaneous provisions.

Key words: miscellaneous provision; the ejusdem generis rule; normative protection purpose