2018年中国刑法实施报告

The 2018 China Criminal Law Implementation Report

2018年是中国改革开放40周年的嘉年华。40年来,在我国刑事法治建设取得长足发展的同时,中国刑法学在始终坚持对基础理论的总结、创新与完善的基础上,更加主动地回应社会关切的热点、疑点、难点问题,彰显出鲜明的时代特色,凸显刑法积极参与社会治理的重要角色,弘扬新时代我国刑法学鲜明的问题意识与自主意识。相较于传统犯罪,2018年度刑事犯罪在某些领域呈高发态势,具有常见性、复杂性、疑难性等特点,涉众型、风险型犯罪活动突出,呈现出涉案金额巨大、危害面广、手法多样且不断翻新等特点。2018年刑法实施报告主要围绕以下八个板块重点研究:正当防卫制度、"扫黑除恶"专项斗争、人工智能领域的刑法规制、互联网金融犯罪、刑事缺席审判与反腐败制度、监察法与刑法刑诉衔接、恐怖主义犯罪、民营企业产权的刑法保护问题等。

The 2018 is the carnival of China’s 40 th anniversary of reform and opening up. Over the past 40 years,while China’s criminal rule of law has made great progress, China’s criminal law has always attached great importance to the summary, innovation and improvement of basic theories, and has also actively responded to hot spots, doubts,and difficult issues of social concern. It highlights the distinctive characteristics of the times and highlights the important role of criminal law in actively participating in social governance, and promotes the distinct problem consciousness and autonomous consciousness of criminal law in China in the new era. Compared with traditional crimes, The 2018 criminal offences in some areas have a high incidence, with characteristics such as common, complex, and doubtful, involving and risky criminal activities outstanding, showing the huge amount of money involved in the case, extensive harm, and various techniques. And continue to refurbish and other characteristics. The 2018 Criminal Law Implementation Report mainly focuses on the following eight sections: research on the legitimate defense system, research on the special struggle of "eliminating evil", research on the criminal law regulation in the field of artificial intelligence, research on Internet financial crimes, criminal absentia trial and anti-corruption system research, joint execution of litigation law、supervision law、criminal law、criminal procedure law, terrorism crime, and protection of property rights of private enterprises.