知识契合与学科整合——以刑事学科一体化为视角的犯罪学解释

Integration of Various Science Knowledge and Integration of Various Subjects

刑事一体化是科学知识整合的必然结果。在由学科分化走向学科整合的过程中,学科的界域并不是绝对固定和清晰的。专业槽的构筑体现了本学科的内在规定性,但它不应当成为学科整合的障碍。借助于贝卡利亚的思路,我们可以了解犯罪学的诞生与新刑法的问世所依据的整合机制。贝卡利亚的《论犯罪与刑罚》不是刑法学自身发展的产物,而是人文主义和启蒙主义的产物,同时也是知识整合的产物。

The author stressed that integration of various subjects and disciplines of criminal law research is a trend coincide at large？with the trend of？integration of various science knowledge in general, append during？recent decades. One need to understand that during this integration process each subject has not confused its own specially, as it seemed to be, but earned more specially in real sense and earned more development in ones own field. One could remain that Cesar Baccarat made his historical contribution in criminal law？not from new interpretation of then going laws, but benefited from the strong tradition of enlightening movement as well as the huge humanism wave of that time.