刑法信仰的建构

刑法必须被信仰,否则形同虚设。应重视立法决策及科学化,保障立法结果的合法正当。重视隐形刑法及其司法环境的权力规训这一治理议题,以刑法学体系即罪责刑关系与罪责刑均衡重构刑法解释的对象和目标。倡导通过互助与合作达致刑法信任,维护刑法学通说的地位,兼顾刑法哲理与刑法诠释。

The Construction of Criminal Faith

criminal law must be believed in,otherwise is useless.The legislative decision-making process should be focused on scientific analysis in order to ensure the substantial justice of legislation.Emphasis should be paid to the invisible criminal law.Furthermore,power discipline is critical to management of the invisible criminal law.Criminal hermeneutics should be reconstructed through criminal law system,the object and aim of criminal hermeneutics should be internal consistency,effective communication between the relationship among crime,criminal responsibility and penalty and implementation of balance among crime,criminal responsibility and penalty.Approach to relied criminal law through mutual assistance and cooperation should be advocated,general criminal theory should be respected as to reach a balanced relationship between theoretical and practical criminal law.