刑法功能之期许

The Expectation of Criminal Law Function

透过刑法功能研究历程的考察来看刑法功能形象的塑造与刑法功能之界定,刑法既是统治工具又是改革工具,刑法的法益保护机能和人权保障机能应该并重。以刑法功能理论的发展为线索展开讨论该命题,最终认为:关于刑法功能之本质,应当固守刑法的谦抑性;关于刑法功能之理念,应当秉持惩罚犯罪和保障人权并重的理性选择。

To make an analysis of shape of criminal law function image and definition of criminal law function by means of researching investigation of criminal law function,it is thought that criminal law is a both ruling tool and reform tool,and it is insisted that safeguard function of human rights and function of legal interests should be paid equal attention. Based on the clue of the theoretical development of criminal law function to discuss the proposition,finally it is suggested that the nature of criminal law function should be firmly entrenched in the modesty of criminal law and the idea of criminal law function should adhere to the reasonable choice of punishing crimes and safeguarding human rights attached equal importance.