社会结构变动下利益衡量原则在刑法中的运用

The Principle of Interest Balancing in Criminal Law Application under the Background of Social Structure Change

当下社会发生了结构性变化,社会矛盾突出,给刑法的理解和适用带来了若干理论和实践难题。为了有效应对社会结构变化对刑法所提出的种种问题,刑法的理解中应引入利益衡量的观念,以补充严格罪刑法定原则解释结论的缺陷;同时,在刑法的适用中也需要引入利益衡量观念,以便刑法的适用能够与社会变化同步。

Social structure has been changing in the past 30 years. Meanwhile, many social contradictions occur in this progress. Therefore, some theoretical and practical problems have been brought about in criminal law’s understanding and application field. In order to deal with the problems effectively, the concept of conflict interests’ measurement should be introduced in criminal law application to make up deficiencies brought forward by strict interpretation of the principle. Simultaneously, the concept of balancing of interests should also be in-troduced in the application of criminal law, and therefore criminal law can be synchronized with social changes.