人权保障视阈下的宪法与刑法关系的价值维度——以我国宪法与刑法为视角

On the Value of Relationship between Constitution and Criminal Law——from the Perspective of Human Rights Protection

宪法的核心价值是保障人权,刑法作为部门法,其价值必然要受到宪法的导引。宪法与刑法除了形式上的效力关系之外,在人权保障方面也具有颇多的互动性,这种互动性就是基于他们的价值维度产生并发展的。

The core value of Constitution is to protect human rights. As a department law, Criminal＇ s value was inevitably guided by Constitution. Apart from the effectiveness relationship in form, Constitution and Criminal law also shared many interactions in the respective of human rights protection, and this interaction was produced and developed on the basis of their value.