刑法规范定义之检讨

Discussing thoroughly of the Definition of Criminal Legal Norm

在刑法学著述中论及刑法规范正在成为一种时尚。然而,中外刑法学者对其定义的认识普遍存在分歧。有关分歧主要涉及三个问题,即:如何对待刑法规范的归属,如何处理其定义中的种差以及如何理解其定义的数量。其实,从逻辑上看,应当承认:刑法规范可以有多种归属,但把其归属于法律规范也许更为可取;如果这样,只要是其区别于其他法律规范的特殊性都可以在其定义中担当种差;相应地,其定义在数量上可以有多种。

It was becoming a fashion discussing about criminal legal norm in the works of jurisprudence of criminal law. However, there generally exist differences to the understanding of its definitions. The relevant differences mainly concerned with three questions, namely how to treat the belongings of criminal legal norm, how to deal with the differentiae specifics in its definitions and how to understand the quantities of its definitions. Actually, Looking from the logic, they should be admitted that criminal legal norm might have many kinds of belongings, but it might be more desirable making it belong to legal norm, that if so, as long as they were its differentiae which could differentiate it from the other legal norm, they might all assume the responsibilities as differentiae specifics, and that it might correspondingly have kinds of definitions in quantity.