关于道德之恶与刑法之罪的关系的理性思考

Rational Thoughts on the Evil of Morality and Crimes of Criminal Laws

通说认为只有严重不道德的行为才有被刑法惩罚的可能。然而 ,这只是人类美好的理想 ,现实工业社会中 ,越来越多的道德中性行为被刑法规定为犯罪行为。针对这种不合理的刑法滥用现象 ,作者通过对道德之恶和刑法之罪的概念分析和两者之间关系的历史追溯 ,认为现代刑法与道德之恶与刑法之罪的应然模式相冲突并提出了冲突的解决方案。

It is usually thought that only very serious wrongdoings are punished by criminal laws. But in the modern industrial society, more and more neutral activities are regulated as criminal activities. To the irrational abuse of the criminal laws, the author, by analyzing both concepts and the history of their relationship, thinks in modern criminal laws the evil of morality and crimes of criminal laws conflicts in forms they should be and gives the solutions.