刑法目的论要

Essentials of the Teleology of Criminal Law

刑法目的是为了保护法益,不是为了惩罚犯罪。刑法目的与刑法任务不同,刑法任务在相当程度上是立法者、司法者工具化地设计、使用刑法的世俗性、政治性"目的"。刑法目的应当采取保护主义的立场原则,这与人权保障机能一致,但是人权保障并不属于刑法目的。

The purpose of criminal law is to protect legal interests, rather than to punish crimes. It differs from the task of criminal law, which serves, to a large extent, the political ＂objective＂ of the legislators or the judicial officials who design and utilize the criminal law in an instrumentalist way. The objective of criminal law should be based on the protectionist doctrine, which is compatible with the function of human rights protection. However, human rights protection does not fall within the purpose of the criminal law.