论刑法的“和谐”道德理念

On Moral Conception of "Harmoniousness" in Criminal Law

"和谐"作为一种道德理念与事物的完美状态,千百年来为人类所孜孜以求。和谐强调人与人、人与社会、人与自然诸层次系统所达到之良好状态。作者认为"和谐"理念在刑法中,内在地表现为刑法主要价值要素之间关系的和谐统一,而外在体现于刑法运行过程之中,并认为良善刑法必然体现并追求"和谐"之道德理念,也惟有"和谐"之刑法方能真正促进并实现社会和谐。

As a perfect state of moral conception and matters, ＂harmoniousness＂ has been diligently sought after by human beings for thousands of years. Harmoniousness emphasizes the perfect condition between people and people, people and society, human and the nature. According to the author, the ＂harmonious＂ conception in criminal law means the harmoniousness and unification among the main value dements of criminal law, externally manifested in the process of criminal law execution. In addition, ideal criminal will inevitable manifest and pursue the moral conception of ＂harmoniousness＂, and only the ＂harmonious＂ criminal law can actually realize the harmonious society.