论刑法的宪法根据

On the Constitutional Basis of Criminal Law

宪法作为根本大法与作为重要部门法的刑法间关系密切。文章以条文分析的形式梳理宪法对刑法的宏观以及具体的指导作用。并提出适用机制的完善与宪法化程度加深的意见。从多角度论证刑法的宪法根据问题。

As the fundamental law, the constitution has a close relationship with the criminal law,which is a very significant departmental law. This article is going to sort through the general and specific directive function, by which the constitution will guide the criminal law, by analyzing the provisions of the constitution. And additionally, put forward some suggestions of completing the applicable mechanism of constitution and deepening the degree of constitutionalization. And discuss the issue of the constitutional basis of criminal law from different aspects.