改革开放三十年的我国刑法立法

Criminal Legislations of the New China During 30 Years of Reform and Opening

改革开放三十年来,新中国的刑法立法经历了孕育、诞生和发展的演进历程,取得了有目共睹的成就,主要表现在:颁行了新中国成立以来第一部刑法典;逐步确立了保障人权的观念;刑罚制度改革逐渐与国际化趋势相协调;刑法修正案成为主要的修法模式;刑法立法解释作为刑法的渊源开始受到重视。今后,我国刑法的改革,应当以有助于构建和谐社会和强化人权保障、有助于贯彻宽严相济的基本刑事政策为发展方向。刑法改革的重点应该放在死刑制度和有关人权保障的刑法制度上,并及时而合理地增设新型犯罪和国际犯罪的种类,在刑法中切实贯彻联合国刑事法治的基本准则。我国刑法的局部修改、补充和完善主要应限于刑法修正案和刑法立法解释两种方式;国家立法机关要适时地进行刑法典的编纂工作,在适当的时机,国家立法机关还可以考虑将对刑法典集中而系统、全面的修改提上立法工作的日程,以修订出更加科学、完备因而具有更长久的适应性的刑法典。

During 30 years of reform and opening, criminal legislation of new China has experienced the evolution from gestation, birth to development and achieved a lot as it is obvious to all. The main achievements are as follows, the first Criminal Code was promulgated since the foundation of new China, the idea of protecting human rights was gradually established, the reform of penalty system was gradually coordinated with the international trend, Criminal Amendment has become the main way of revising the Criminal Law Code and the legislative interpretation as one of the resources of criminal law started to draw attention. In the future, the reform of China＇ s Criminal Law shall aim at promoting the construction of a harmonious society, strengthening the protection of human rights and implementing the Fundamental- Criminal Policy of Temper justice with Mercy. The reform of Criminal Law shall focus on death penalty and some other criminal systems concerning the protection of human rights. In the meantime, new types of crime and international crimes shall be added to the Code promptly and reasonably, so as to implement the basic rules of the UN criminal law thoroughly. Partial modification, supplement and perfection shall mainly limit to the two ways of the Criminal Amendment and legislative interpretation. The national legislature shall compile the Criminal Law Code at the proper time and it may also consider to conduct a centralized, systematic and comprehensive modification of Criminal Code, so as to make the Criminal Law Code much more scientific, complete and more adaptive with the time.