部门法互动视野下的刑法问题及对策

The Problem and the Solution of the Criminal Law——From the Perspective of Law Interaction

保持自身开放,并与其他部门法形成互动、协调和联系是刑法得以发展的必要条件。刑民、刑行等部门法互动的机理催生了刑法的基本品格、功能价值和规范界限。从制度互动的视角审视刑法,会发现其观念存在偏差,其触角扩、限不当,其技术有待规范,其形式有待提高。刑法有必要总结、汲取、吸收其他部门法经验,以利于自身品位、能力的全方位提升。

Maintaining its openness and interaction, coordination,linkage with other branches of law is the nec- essary conditions for the development of criminal law. The interaction mechanism of the law department gives birth to the basic character, the functional values and normal boundaries of the Penal Code. From the perspec- tive of system interaction, you will find that some ideas are incorrect, its tentacles are improper, its technology needs to be standardized and its form needs to be improved. For criminal law, it is necessary to learn and ab- sorb experience from other law branches in order to realize its own taste and enhance all-round abilities.