行为刑法危机与人格刑法构想

行为刑法已经出现危机,表现为犯罪圈不断扩大、司法资源浪费严重、刑罚效能低下、重新犯罪率不断提高等。危机原因在于理论根基不牢、不考虑犯罪人格。应将单一犯罪行为本位的行为刑法,逐步转向以犯罪人为规制对象,以犯罪危险性人格为核心的人格刑法。

The Crisis of Behavior Criminal Law and a Speculation on Personality Criminal Law

The emerging crisis ,,f behavior criminal law is signaled in broadening criminal circle, grave waste of judicial resources, low-efficiency of penalties and increasing recidivism rate. Reasons for the crisis lie in unsolid theoretical foundation and negligence of criminal personality. It is imperative to shift from the behavior criminal law based on single criminal behavior standard to a personality criminal law which takes the criminal as the regulation object and the criminal hazard personality as its core focus.