刑事法治与刑法立法关系思辨

Thorough Consideration on the Relationship Between the Criminal Rule of Law and the Legislation of Criminal Law

法治目标的确立与制度建构,是20世纪以来中国社会最重大的社会变革之一。刑事法治是现代法治的根本标志。现代法治视野中的刑法立法,作为一种价值选择活动,在本质上是国家与国民在刑事法律关系中"妥协"的过程,体现出立法者对各种客观存在的价值关系的权衡。中国正致力于刑事法治的建构,立法者唯深刻认识刑法立法关系的客观存在,遵循一定的关系摄取原则,着力于科学协调刑法立法中的诸多关系与矛盾,方能实现刑法立法科学的目标。

The establishment of the purpose of rule of law and construction of the institutions has been one of the most significant social reforms in China since the 20^(th)century.The criminal rule of law is always considered to be the basic symbol of the modem rule of law.In the vision of modern rule of law,as some kind of the activity of value choice,the legislation of criminal law is essentially the process of compromise reached in criminal legal relations between the state and its citizens.It reflects the fact that the legislators will balance the various objectively existing value relations.China is dedicating itself to establishment of the criminal rule of law.Only could the legislating body know the impersonality existence of the relationship of the legislation of criminal law profoundly,keep to certain relation ingesting principle and exert themselves to harmonize the conflicts and various relations in the legislating of criminal law scientifically,the object of the criminal law legislation to be scientific could be realized.