结果无价值论之检讨

Review of Result Worthless

客观上讲不存在脱离伦理规范的法益,法益的权衡、放弃及内涵都取决于伦理规范的要求,脱离伦理规范,法益概念是没有意义的。刑法的目的是维护伦理规范,将伦理规范内化为民众的行为准则,培养民众自律的自由。离开伦理规范,法益理论无法通过罪刑法定原则的审视,而其片面割裂犯罪论体系,不承认主观违法性的观点更导致了一系列刑法理论的混乱。

There are no legal interests regardless of the ethical norms. It is necessary to use the ethics norms to weight the legal interests, to give up the legal interests and to decide the content of the legal interests. The concept of legal interests is nonsense without the ethical norms. The task of the Penal Code is to protect the ethics norms and to make people internalize the ethical norms as their standard of conduct, which can develop the self - discipline freedom of people. Without ethics norms, the theory of legal interests will be against the principle of legality and will cause the criminal law theories in chaos because it separates the criminal system and refuses the subjective illegality.