宪法对刑法的限制论纲——以人权保障为主线

Discussion of Criminal Law Limited by the Constitution——Taking the Human Rights Safeguard as the Main Plot

宪法对刑法的限制是人权保障的必然选择和建立和谐社会法律体系的需要。宪法对刑法的限制是全方位的,包括对刑法观念、刑法内容、刑罚权和刑法解释等。我国目前宪法对刑法的限制亟待加强。宪法对刑法限制的途径是刑法宪法化。

The Constitution to the criminal law limit is the inevitable choice for the human rights safeguard and the need of establishing a harmonious socialist market economic law system. The criminal law is limited by the constitution entirely, including the criminal law idea, the content of criminal law, the penalty power and the explanation of criminal law and so on. Our country＇ s constitution urgently awaits the criminal law limit to strengthen. The way of the criminal law limited by the constitution is the criminal law constitution.