论和谐社会语境下的刑法改革

The Reform of Criminal Laws in the Social Context of Harmonious Society

以"民主法治、公平正义、诚信友爱、充满活力、安定有序、人与自然和谐相处"为特征的和谐社会理念一经提出,就成为社会主义现代化建设的主要目标,一切社会活动都必须以和谐社会为指导和目标。作为对和谐社会背反的犯罪活动进行规制的刑法,也必然在和谐社会理念的指导下进行改革和调整,包括刑法立法改革和刑法司法改革,以使改革后的刑法更加注重保障人权、更加关注民生,使刑法立法更加民主、更加注重法律效果与社会效果的统一、更加注重环境立法。同时在刑法司法改革中需建立正当程序,贯彻宽严相济的刑事政策,注重实质公平、注重刑事和解制度的应用、注重刑罚执行的人道化。

The concept of ＂Harmonious Society＂, characterized by ＂Democracy plus Rule by Law, Fairness plus Justice, Honesty plus Friendliness, Stability plus Order, and the Harmony between Man and Nature＂, upon being put forward, has be- come the main target of the modernization of socialist construction and the necessary guideline and goal of all social activities. As the criminal laws which punish and crack down the criminal activities against the harmonious society, will inevitably need re-adjustments and reforms （including criminal legislation and judicature）, in order to make the reformed criminal laws have more tendency for the protection of human rights and for the livelihood of the people, and to make criminal legislations more democratic, their legal and social effects more united, and environmental legislations more emphasized. And in the criminal ju- dicial reforms, there is a need to establish a due process to implement criminal policies by combining punishment with lenien- cy, and to pay attention to substantive justice, to the application of the system of criminal reconciliation and to the humanity of penalty.