习近平法治思想对我国刑法再完善的引领

The Guidance of Xi Jinping’s Thought on the Rule of Law to the Re-improvement of Criminal Law

"坚持以人民为中心"在习近平法治思想理论体系中居于非常重要的地位。这一法治思想与刑法的学科属性、刑法的法律属性结合起来所形成具体的刑事法治思想,包括六个方面的内容:"刑法立法应当与时俱进,切实发挥好保护人民利益的基本功能""刑法立法对性质不同的犯罪要坚决执行宽严相济的刑事政策""刑法面前人人平等""刑法立法要追求公平正义""刑法立法要用发展的眼光对待罪刑法定原则""刑事立法要加强对公民民主权利、政治权利的保护"。由此,我国刑法所规定的"危害国家安全罪""危害公共安全罪""破坏社会主义市场经济秩序罪""侵犯公民人身权利、民主权利罪""侵犯财产罪""妨害社会管理秩序罪""贪污贿赂罪"都存在进一步完善的空间。

Adhering to the People-centered ideas on the Rule of Law plays a very important role in the theoretical system of Xi Jinping Thought on the Rule of Law. The thought on the rule of law combines with the subject attribute and the legal attribute of criminal law, forming a specific criminal thought on the rule of law, which includes six aspects, namely the criminal law legislation should keep pace with the times, playing the basic function of protecting the interests of the people fully, for the crimes of different nature, the criminal law legislation should firmly enforce the Criminal Policy of Tempering Justice with Mercy. Equality for All in Criminal law, the criminal law legislation should pursue fairness and justice, the criminal law legislation should treat the Principle of Legality for a Crime from the perspective of development, the criminal legislation should strengthen the protection of citizens’ democratic and political rights. Therefore, there is room for further improvements for the crimes stipulated in our country’s criminal law, such as crime of endangering national security, crime of endangering public security, crime of disrupting the order of socialist market economy, crimes of infringing on citizens’ right of the person and democratic rights, crime of infringing on property, crime of interfering the order of social management and crimes of corruption and bribery”.