论刑法只能是保障法及其对我国刑事立法的启示

On Criminal Law being only Guaranteeing Law and its Inspiration to our Country′s Criminal Legislature

刑法的保障性、严厉性以及合理的法律体系之构建,决定了刑法只能是保障法,而不可能既是保障法,同时又是根本法或部门法、公法或私法、社会法或生态法。刑法的这一法律特性要求我国在刑事立法上确立生态法益在刑法法益中的独立地位,同时对刑法法益进行重新排序。

Specialty of guaranteeing and strictness of criminal law and establishment of rational legal system determine that criminal law is only guaranteeing law, no fundamental law, no department law, no public law, no private law, no social law, no ecological law at the same time. This specialty of criminal law requires that independent status of ecological legitimate of criminal law must be made among legitimates of criminal law, the order of legitimates of criminal law must be adjusted at the same time.