改革开放30年与刑法观念的变革

30 Years' Open-up and Reform and the Concept Reform of the Criminal Law

改革开放30年来,我国的经济体制发生了深刻的变革,社会主义市场经济体制逐步建立和完善,刑法观念也发生了一系列的内在变革:从政治功能观到经济功能观;从对经济犯罪的过度介入到适度调整;从对公有制经济的重点保护到对非公经济的平等保护;从罪刑心定到罪刑法定;从刑法偏重于打击犯罪到打击犯罪与人权保障并重;从对经济犯罪的重刑主义到宽严适度等等。刑法观念的变革必将进一步促进刑事立法的不断完善,为社会主义市场经济的健康发展提供有力的保障。

After 30 years of open-up and reform, China＇s economic system has undergone profound changes. The socialist market economic system has been gradually established and improved. The concept of criminal law has also had the following internal changes： from the view of political functions to economic functions, from over-involvement in economy crime to an appropriate adjustment, from public economy protection to the equal protection of non-public economy, from subjective judgment of crime to conviction in accordance with the law, from the emphasis on the fight against crime to both crack down on crime and protection of human rights, from heavy punishment to the economic crimes to moderate sentence, etc.. The concept reform of the Criminal Law will promote the perfection of criminal legislation, and provide guarantee for the healthy development of socialist market economy.