对刑法修正和解释的思考

Reflections on Amendments and Interpretations of China's Criminal Law

1997年的《刑法》颁布以来,已历经数次修正和解释。这些修正和解释,一方面完善了刑事立法和司法,另一方面却也给整个刑法体系的稳定性和司法的平衡适用带来了越来越大的困扰,刑法也日益患上了"综合肥大症"。为此,应当找出我国刑法修正和解释过程的问题和解决办法,同时考虑对历次修正和解释作一次系统的整理,并在适当的时机考虑重启刑法的全面修订工作,以使我国刑法更好地适应整个社会的发展。

China＇s current criminal code has gone through several amendments and interpretations since its enactment in 1997. These amendments and interpretations have improved the criminal legislation and justice, but on the other hand have caused more and more trouble to the stability of the entire criminal law system and the balance application of the criminal justice, which is suffered from the ＂comprehensive hypertrophy＂. This article intends to identify the problems caused by the amendments and interpretations and find out targeted solutions. It suggests that in order to make the law better adapt to the development of the society, we should make a systematic collation of the previous amendments and interpretations as well as consider restarting a comprehensive revision at an appropriate time.