关于刑法面前人人平等原则的再思考

Rethinking on the Principle that Men are All Equal before Criminal Law

刑法的基本原则是贯穿全部刑法规范,具有指导和制约全部刑事立法和刑事司法意义的准则,"刑法所特有"不再是刑法基本原则的必备标准。刑法面前人人平等作为我国刑法的基本原则具有合法性和合理性。从平等的内涵、法律面前人人平等这一口号产生的背景等角度来看,其外延均应包括立法平等。要实现刑法面前人人平等原则,必须要区别对待。

Basic principles in criminal law are elementary requirements which penetrated at all criminal norms, guiding and restricting criminal legislation and judicature. The requirement of ＂peculiar to criminal law ＂is no longer the essential element of basic criminal principles. As a basic criminal principle, the principle that man are all equal before criminal law embodies rightfulness and rationality. From the position of equality＇s connotation, the background that the slogan of man are all equal before law appears, the principle that man are all equal before criminal law should includes legislature equality. To follow this principle, we must deal with different things or people in different ways.