论刑民界限的公众认同

Public recognition of criminal law and civil law boundary

刑民界限之公众认同可以增进刑民界限与公民预期的一致性,避免违背公意之立法,增加公民行为的预测可能性,是一种保证刑民界限正当性的行之有效的举措。刑民界限的公众认同具有中外历史文化传统,其内涵是立法须符合常识、常理和常情,其实现表现在立法环节和司法环节,均需依据公意进行考量。

Public recognition of criminal law and civil law boundary can improve the consistency with the publicrecognition, to avoid violation of the general will of legislature and increase the prediction possibility of citizens’behavior. Therefore, it is considered to be a kind of effective measure to ensure the legitimacy of criminal law and civillaw boundary. The public recognition of criminal and civil laws has cultural traditions, at home and abroad, andcomplies with reasons. Reasons are reasons, however, the establishment and administration of laws should be evaluatedin accordance with public will.