在构建和谐社会的语境下谈我国刑法立法的积极与谨慎

Activeness and Discretion in Legislating China's Criminal Laws under the Context of Constructing Harmonious Society

改革开放以来,为适应打击犯罪的需要,刑法立法活动比较积极。由于快速发展过程中新的矛盾、问题、挑战仍将不断涌现,推动刑法不断发展的基本动因短时间内不可能根本改变,相当一段时期内刑法立法的活跃态势仍将持续。但刑法是把双刃剑,构建和谐社会,必须把刑法的负面影响限制在最小范围,这也是提高执政能力的要求。要坚持刑罚谦抑原则,将刑法作为调整社会关系的最后选项,防止动辄主张动刑的泛刑法化倾向。可以预见,随着和谐社会建设不断取得进展,刑法立法的趋势会不断趋缓,刑罚力度将趋于宽缓。

Since the ＂Reform and Open policy＂ was implemented, the legislation on criminal law has shown very active to meet the need of combating crimes. For the new conflicts, problems and challenges have formed and appeared during the high speed development, the basic cause to improve the criminal law expanse will not be changed in a short time, and in a relevant period the active trend of the legislation of criminal law will be going on. However, on the other hand, for the criminal penalty is like a two-bladed sword, the negative effect of criminal law should be limited into a very small scope in order to construct the harmonious society, and meanwhile to improve the ruling capability. The principle of modest penalty should be kept, and criminal law should be the last choice for adjusting the social relationship. It could be predicted that the trend of legislation of criminal law will be slowed and the criminal penalty will be more lenient while the construction of harmonious society has its success.