和谐社会语境下的刑法学新思考

体制转轨的过渡阶段,犯罪问题十分突出,对正常社会秩序及经济发展造成了严重威胁。但与严峻的犯罪形势形成鲜明对比的是,我国现有的刑事理念与体系结构却不尽合理,其所能提供的应对犯罪的手段较为单一,效能也极其有限,因而我国现有的刑事司法资源在惩治、预防犯罪活动中很难发挥积极有效作用。我们认为应在构建社会主义和谐社会背景下重新审视刑事法律,探索能够使有限的刑事司法资源发挥最大效能的刑事司法观念及模式。

Innovative Thought to Criminal Law in Background of Harmonious Society

The study on the modern ideals of criminal law with the perspectives of efficiency,fairness,freedom and human rights remains dominant in current research.Our country now is on the way that traditional political and legal systems are being changed to new ones.The increasing criminal problems have been widely acknowledged with the further developing of reformation.There would be no judicial fairness,justice and efficiency without the qualified criminal legal system.That is why we should probing into the modern ideals of criminal law to find out the most efficient way to deal with the crime problems.Disclosing the underlying meanings and modern ideals of criminal law,and rethinking the legislative practice and research fields with its basis of adaptive nature and evolutionary path,shall act as the insights and guidance on the amendments of criminal law.