罪之谦抑理念的提倡

The Economic Principle of Convicting a Crime should be Advocated

为了摆脱犯罪标签带来的困境,体现刑法人道性和宽容性,通过实质理性矫正形式理性,追求刑法效益价值,保持社会活力,缩小犯罪圈,增加出罪机会,摘除犯罪标签,应该提倡罪之谦抑,有意识地在特定阶段和场合加以实行。不过,提倡罪之谦抑应有宽和自由的社会环境。在我国由于市场经济的发展、行政理念的改变、市民社会的形成、人权保障观念的确立,提倡罪之谦抑的社会环境已相应形成。

In order to show the humanity and mercy of the criminal law and get out of the dilemma made by crime labeling, the economic principle of convicting a crime should be consciously practiced at an appropriate phase and in an appropriate place. By applying the economic principle of convicting a crime, we can achieve the positive values of criminal law, reduce the amount of crimes and thus vitalize the society. However, the advocation of such a principle requires a charitable and free social environment. In China, with the development of the market economy, the improvement of the administrative concept, the formation of a civic society and the safeguard of human rights, the social environment of advocating the economic principle of convicting a crime has already been shaped.