论刑法学与犯罪学研究的整体互动

The Overall Interactive Relation between Criminology and Criminal Law

在中国,犯罪学与刑法学彼此分离各自为"家",导致了中国社会过于看重严刑峻法而忽视犯罪原因,使得犯罪虽受到严惩但犯罪情势依然十分严重。如何扭转这一现象,尽快使刑法学惩罚犯罪的研究与犯罪学预防犯罪的研究相互结合,构筑刑法学与犯罪学整体相互联动的格局,是中国社会实现社会稳定的现实政治需要,也是中国社会经济发展的自然要求,更是中国社会通过历史反思对历史的经验与教训进行总结的必然趋势,从而实现使中国的刑事政策从刑事惩罚为主到刑事预防为主的战略转移,刑事法理论对犯罪构成和刑事责任的重点研究为主要转移到对犯罪原因和犯罪预防为主的研究重点上来,以此迎接一个国家繁荣昌盛但犯罪并不猖獗疯狂的时代的到来。

Compared with those countries that have developed economy and relatively mature building of rule of law and democracy, there is a very obvious and no strange phenomenon in the field of chinese criminal jurisprudence. As two subjects in law field, the Science of Criminal Law and Criminology are kind of connected but relatively independent. We should admit, as one important reason, the whole social political evaluation has not yet established an effective institution quarantine mechanism ,risk-warning mechanism and crime prevention mechanism, which leads to concealing and negligence of many problems with series of reasons such as there is no prosperous and in-depth Criminology research and no profound understanding of our country＇s whole crime; And the reason is highly related to the situation that criminal jurisprudence system which mainly study the causes and prevention of crime in the field of criminal theory research has not yet been formed; and also crime prevention system in social practice has not yet been founded neither. Therefore, adjusting promptly the separation of the current Science of Criminal Law and Criminology and constructing a criminal jurisprudence which makes them interact are the practical political needs of achieving social stability, nature demands of Chinese sustaining social economic development as well as the inexorable trend in chinese society concluded from the historical reflection upon historical experience and lessons.