当下中国刑事立法何以谦抑化

How Humility of Criminal Legislation in the Current China

谦抑是刑事立法的帝王法则。刑事立法情绪化、想象化、道德改善化等违反谦抑性标准的提出,描绘了当下中国刑事立法不断违反谦抑性的刑治事实。在批判性吸收刑事立法应当如何谦抑存量理论成果的基础上,提出通过程序来实现刑事立法谦抑性的制度路径。刑事立法谦抑化要有通过SWOT模型验证的前置立法风险评估程序;要有刑法条文审议、辩论和质询等刑事立法过程的程序完善;要有刑事立法事后程序跟进,特别是刑法"落日条款"的制度设计。以"谦抑地立法"实现"谦抑的立法",助益国家刑事立法科学化。

Humility is the imperial rule in criminal legislation of imperial rule. Emotional or imaginative or moral-improved criminal legislation which is violate the humility standards depicts the basic facts that criminal legislation departure from the humility in current Chinese. In critical absorption the existing theoretical results that criminal legislation should be humility, which is concluded that the adoption of procedures to achieve the path of modesty of criminal legislation. SWOT model advocated as the legislation preassessment verification; Focus on the criminal law provisions to consider,debate and question and other criminal legislative process which is improve the legislative process ;improving the afterwards mechanism of legislative feedback ,particularly in terms of the application of criminal law sunset; By ＂Humility legislation＂safeguard ＂Modesty legislation＂ ,thus promoting the national criminal legislation, scientific.