也论刑法规范的概念

On the Concept of Criminal Norms

刑法规范是刑法制度的"基本粒子",其概念的理解是刑法学一般理论的关键。理论上对刑法规范的概念有行为规范论、社会规范论、罪刑规范论、刑罚规范包含论、二重规范论、三重规范论、多层次定义论诸多定义,应该说罪刑规范论比较科学合理。所谓刑法规范,是由立法机关制定,为人们在面对某些重大事项时应如何行动提供准则,为司法人员认定犯罪和追究刑事责任提供指南的一种法律规范。

Criminal norms are the ＂elementary particles＂ of the criminal law system; knowing this concept is the key of the general theory of criminal law. Theoretically, it is defined as code of conduct theory, social norms theory, crime and penalty norms theory, included-in-punishment-norm theory, duplicate norm theory, triple norm theory, and multi-level definition theory, etc. , among which the included-in-punishment-norm theory seems the most reasonable. Criminal norms, made by the legislative agency, should be a type of legal doctrines, which may provide standards for people to know how＂ to face it when they meet some significant matters and for the judicial officer to determine a crime and assume the liability.