论刑法目的的相对性

On the Relativity of the Purpose of Criminal Law

刑法目的究竟是保护法益还是维护规范的有效性,这一问题不能一般化地进行讨论,而应当置于特定时代背景和社会环境之下考虑。刑法目的具有相对性,可能在法益保护和规范维护之间转换。对于处在剧烈转型时期的当下中国社会而言,权利关系不清、规范有待建构、国民规范意识薄弱的现实决定了应当将刑法目的定位于对规范的维护。稳定规范是刑法的现实目的。在权利关系明确,国民的规范意识逐步形成,社会整体高度稳定之后,刑法目的可能从规范维护转向对法益的保护。刑法的法益保护目的就成为最终目的。

The question of whether the objective of criminal law is to protect legal interests or to uphold the effectiveness of norms cannot be discussed in a general way but should be considered against specific background of time and social environment. The objective of criminal law is relative, and may shift between the protection of legal interests and upholding of norms. In Chinese society, which is undergoing a drastic transformation, the vagueness of the relationship of rights, the incomplete norm system and the lack of citizen＇ s awareness of norms have determined that the criminal law should aim at the upholding of norms. To stabilize norms is the realistic objective of the criminal law. The objective of criminal law may change from the upholding norms to the protection of legal interests when the relations between various rights have been clarified, the citizens＇ consciousness of norms gradually raised, and a high stabilization of society as a whole has been achieved. The protection of legal interests becomes the ultimate objective of criminal law.