刑事政策与刑法关系片论

Issues about the Relationship between Criminal Policy and Criminal law

厘清刑法与刑事政策的关系对于法治理念的构建、政治权力的正确划分和运用具有十分重要的理论意义和实践意义。本文认为刑法与刑事政策在哲学基础、政治因素、内在属性等三个大的方面存在着七个方面的不同,并认为在法治国家刑法是自由的基石和保障,刑事政策只能在刑法的范围内发挥补充作用。

Distinguishing the criminal policy and criminal law is practically and theoretically significant to construct the idea of ruling by law and the separation of the political power. In the essay we argue that the criminal policy and criminal law has seven differences in three general aspects - - philosophy foundation, political elements and internal nature. In the country governed by law, the criminal law is the foundation and safeguard of freedom, the political policy should only work as the supplement under the regulations of criminal law.