我国刑法的压制性文化品格之形成与批判

由于受政治传统的影响,我国刑法具有浓厚的压制性文化品格,在刑事立法上主要表现为刑法过于注重对国家利益和社会法益的保护,在一定程度上忽视了对个人法益的保护,在司法实践中主要表现为刑法工具主义。具有浓厚的压制性文化品格的刑法不仅背离了人类群体生活的精神性之需求,阻碍了刑事法治的实现,而且使得刑法出现了"保障空白"。为了消除我国刑法的这种压制性文化品格,为刑事法治的实现扫清障碍,必须塑造我国刑法的引导性文化品格。

On Formation of Depressing Cultural Character of China's Criminal Law and Criticism to It CRIMINAL Law and Criticism to It

Influenced by political tradition,China's criminal law has thick depressing cultural character.In criminal legislation,this character is embodied by emphasizing national and social interest and ignoring individual interest in some degree.In criminal practice,this character is embodied by the idea which regards heavy punishment as necessary punishment.The criminal law which has thick depressing cultural character not only deviates from human's spiritual requirement,hinders criminal rule-of-law from realizing,but also makes blanks in guaranteeing interest emergein criminal law.In order to dismiss depressing cultural character of China's criminal law,realize criminal rule-of-law sufficiently,it is very necessary to molding guided cultural character for China's criminal law.