从实质违法性看“常识、常理、常情”

View "Common Knowledge,Common Sense and General Reason" from Substantial Illegality

所谓"常识、常理、常情"是指为一个社会的民众长期所普遍认同,并且分享的那些至今未被证明是错误的基本感情、基本道理、基本经验。"常识、常理、常情",作为一种现代法治的灵魂,作为对刑事立法、刑事司法、刑法理论以及法学教育起指导作用的理论,将其运用到实质违法性的判断中是合理、有效的。

＂Common knowledge,common sense and general reason＂ refer to the basic feeling, basic truth and basic experience which are generally accepted and shared by the masses for a long period and have not been proved to be false. As a soul of modern ruling-by-law and a guidance to criminal legislation,criminal justice, criminal theories and law education,it＇s application to the judgment of substantial illegality is reasonable and effective.