后望行刑学的历史性基础——基于学说史的考察

On the Historical Basis of Criminal Law——Based on the Investigation of History of Theory

立体刑法学体系要求刑法学研究要后望行刑学,实际强调刑法学研究应该关注刑罚执行问题,引申来讲是刑法学和行刑学的关系问题。刑法学和行刑学同属于刑事法学,刑事学说的发展脉络集中展示了刑法学带动行刑学,行刑学又反过来催进刑法学发展,以及刑法学与行刑学综合发展的历程,而这其中还是刑事学科分分合合的历程。我国则基于行刑学的发展和刑事一体化研究,实现了刑法学与行刑学的关联,立体刑法学中的后望行刑学即是基于历史研究的基础上实现的进一步突破。

The three-dimensional criminal law science system requires criminal law science to look back on science of executing punishment and the actual emphasis on criminal law study shall pay attention to the issue of execution of penalty. In terms of extension, it is the relationship between criminal law and execution law. Criminal law science and science of executing punishment both belong to criminal science. The development of criminal theory shows that criminal law science promotes science of executing punishment, which in turn promotes the development of criminal law science and the comprehensive development of the both, and it also is the process of dividing and integrating criminal disciplines. On the basis of the development of science of executing punishment and the study of criminal integration, China has realized the connection between criminal law science and science of executing punishment. Taking history as a mirror and making the past serve the present, the three-dimensional criminal law science is a further breakthrough based on historical research.