刑事政策视域下合理解决“校闹”之路径探析

Reasonable Solutions to School Riot in the Perspective of Criminal Policy

"校闹"行为已侵犯到刑法所保护的人身、财产权利以及社会秩序等法益,具有纳入刑法领域考察的现实性与必要性。从刑事法治视角来看,刑事政策对于解决这一问题有其合理性和有效性,在宽严相济刑事政策的指导下,可从事前预防和事后依法有效处置对"校闹"进行处理,在事前预防阶段注重各个机制的建立与完善,以及各部门的协作共治;而在事后依法处置阶段也要区分合法行为、违法行为与犯罪行为,做到宽严相济,合力遏制恶性"校闹"的蔓延,维护社会的和谐稳定。

The"school riot"behavior has the reality and necessity of being included in the field of criminal law,because it has violated the legal interests of the personal,property rights and social order protected by the criminal law.Criminal policy has its rationality and effectiveness in solving this problem,It can deal with"school riot"by pre-prevention and effective disposal according to law,and pay attention to the establishment and improvement of various mechanisms in the pre-prevention stage,as well as the cooperation and co-governance of various departments.Inthe post-accident disposal stage,it is also necessary to distinguish between legal acts,illegal acts and criminal acts,and to achieve the combination of lenient and strict measures,to cope with the spread of vicious"school riot"and to maintain social harmony and stability.