论我国刑法修正中的民生保护

On Protection of People’s Livelihood in China’s Criminal Law Amendment

随着我国政治、经济、文化的发展,人民的基本物质生活得到了明显改善,民生问题也成为党和政府高度重视的问题。公众对法律尤其是刑法的功能需求已经不再满足于惩治犯罪、保护法益、实现公平正义,在尊重人性、弘扬人道、保障人权方面对刑法提出了进一步的价值需求。民生刑法观被学界提出,并在刑事立法中有所实践,充分认识刑法修正中的民生保护问题,有利于我们今后进一步完善刑法修正的科学化,进一步完善对人权的保障。

With the development of China’s politics, economy and culture, people’s basic material life has been dramatically improved, and their livelihood has become an issue that the Party and the government attach great importance to. The public demand for the function of the law, especially the criminal law, is no longer satisfied with punishing crimes, protecting legal interests and realizing fairness and justice in the society. Further requirements for the value of criminal law are brought forward by in the aspect of respecting human nature, promoting humanity and safeguarding human rights. Under such circumstances, the concept of criminal law on people’s livelihood has been put forward by the academic circle and put into practice in criminal legislation. To fully recognize the issue of protecting people’s livelihood in criminal law amendment helps us to further perfect the scientific amendment of criminal law and protect human rights in the future.