刑法对结果无价值论的贯彻

大陆法系结果无价值论和行为无价值论之争是二战后在反省新旧两派学派之争的基础上发展起来的,反映了当时欧陆、日本社会人生观、世界观和国家观等价值观变化。自改革开放以来,我国宪法国家观向着保护个人自由、利益、权利和建设法治国方向发展,经济社会发生重大变化,个人自由、权利意识普遍得到提高,在这种背景下,我国刑法注重对个人自由和权利的保护,重视法益保护机能,体现谦抑主义原则,朝着贯彻结果无价值方向发展。

Carrying out to Theory of Result Valuelessness of Criminal Law

The rise of debation between theories of result valuelessness and behavior valuelessness in continent law department is based on the making a thorough review on the school battles of the new group and old group after World War II.It is not accidental for the formulation of result valuelessness theory,which reflects changes of philosophy of life,world outlook and national view in Continental Europe and Japan at that time.Since reform and openingup,our constitution has been turning towards protecting individual freedom,interests,right and building constitutional government nation.The great change has taken place to the economy and society.Individual freedom,right consciousness is improved.Under such kind of a background,our country's criminal law makes a point to protecting of civil liberty and right,thinking well of law benefits'protection function,embodying modest restraint principle.So It is considered that our criminal law is going towards accomplishing the theory of result valuelessness.