中国刑法立法晚近20年之回眸与前瞻

Retrospect and Prospect of China's Criminal Legislation in Recent Two Decades

97年刑法典颁行以来,我国刑法立法经历了一个立法政策由单一从严到宽严相济、立法数量由少到多、立法内容由单一到综合的过程。我国刑法修法总体上坚持了刑法修正案模式,刑法立法的民主性得到了较大提升,刑法立法日趋科学,刑事法网愈加严密。未来我国刑法发展应当坚持理性的立法观,合理回应重大社会关切,坚持适度犯罪化与适度非犯罪化相结合,坚持刑事制裁的轻缓化与刑事制裁措施的多元化。在立法模式上,我国刑法立法应当继续坚持统一的刑法典模式,适当限制全国人大常委会的修法职权,实行相对严格的法律案三审制,并进一步完善刑法的结构、制度和立法技术。

In past two decades since the adoption of Criminal Law of 1997, Chinese criminal legislation has revolved from adhering to a single policy to combining severity with leniency, increased in number and become more complicated than before in contents. Amendment of Criminal Law has generally adhered to codification mode, and democracy in legislation process has considerably been promoted. Meanwhile, Criminal legislation has become increasingly scientific as the net of Criminal Law becomes more and more tight. Development of criminal law in future shall adhere to a rational stance, respond to major societal concerns reasonably, delicately balance criminalization and de-criminalization and maintain the standpoint of utilizing light and plural punitive measures. As for legislation mode, Chinese Criminal Law shall continue to adopt the unified codification mode. Meanwhile, the authority of the NPC Standing Committee to modify criminal law shall be properly restricted, a relatively strict three-level legislation process adopted, the structure and systems of criminal law improved and legislation technology promoted.