生活主义刑法观的价值立场与方法构造

The Value Position and Method Construction of Life-Oriented Criminal Law View

生活主义刑法观是一种以人的生活利益的保障与实现为主要价值牵引的刑法观。生活主义刑法观具有鲜明的马克思主义底色,其主要理论来源包括马克思主义哲学原理、习近平新时代中国特色社会主义思想、朴素的个体哲学以及社会科学的通用理论等。生活主义刑法观超越了历史上的以国家主义为特征的封建主义刑法观和以个体主义为特征的资本主义刑法观,具有鲜明的社会主义法治特征。生活主义刑法观的基本立场是:生活利益是刑法保护的实质客体,犯罪的本质是对公民生活利益的严重侵害,犯罪概念与犯罪构成在生活场域下对立统一。生活主义刑法观的基本方法包括:通过法益识别确定刑法保护的实质客体,并与既有法律规范保护的权利或利益建立连接;通过多元化的法益度量方法确定犯罪行为所危害的人的生活利益的大小,并作为定罪与量刑的根据之一;通过符合宪法法益位阶的法益衡量确定刑法所要优先保护的利益类型,并建立符合人们生活正义与生活情感的出罪事由与出罪机制。

The life-oriented criminal law view is mainly guided by the protection and realization of human life interests.It has a distinct Marxist undertone and its main theoretical sources include Marxist philosophical principles,Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era,simple individual philosophy,and general theories of social sciences.It transcends the feudal criminal law view characterized by statism and the capitalist criminal law view characterized by individualism in history and has distinct characteristics of the socialist rule of law.Its basic stances include:life benefits are the substantive object protected by criminal law;the essence of crime is a serious infringement on the interests of national life;and the concept and composition of crime are the unity of opposites in the field of life.Its basic methods include:identifying substantive objects of criminal law protection through legal interests identification and establishing a connection with rights or benefits protected by existing legal norms;using diverse legal interest measurement methods to determine the size of the life benefits of individuals harmed by criminal acts as one of the bases for conviction and sentencing;and determining the types of interests that criminal law should prioritize by evaluating legal interests that conform to the constitutional legal interest hierarchy,and establishing causes and mechanisms for decriminalization that are in line with people’s life justice and emotions.The important value of criminal law lies in safeguarding and realizing the benefits of human life.Taking the historical,realistic,and developing benefits of human life as the basic function of criminal law can enhance the human nature and the people-oriented nature of criminal law,thereby enhancing its political position and value.Life is both a historical phenomenon and an objective existence.Taking life as the field and value to analyze criminal phenomena and criminal law functions can break through the inherent constraints of statism and individualistic criminal law views,profoundly reveal the universal laws of operation of human society,and deepen the understanding and cognition of crime occurrence theory,crime composition theory,and criminal law function theory.Life is the overall goal of the individual and the state,so it should also be the overall goal of the rule of law.Constructing a criminal law view based on life for the state,citizens,and social groups is conducive to reducing value conflicts and bridging differences between the state and citizens on crime and punishment issues,achieving social unity,and promoting the unity of the order of the rule of law and the full realization of the value of the rule of law.