刑事法治理念的反思与新探

Theoretical Reflection and New Investigation of Criminal Law

刑事法治以彰显人性、保障人权、实现正义为终极追求,其刑事法治之"法"是公民私权让渡的结果,需以常识、常理、常情理解;刑事法治之"治"则是洞悉民意之治,亦应以常识、常理、常情为据。刑事法治也就是常识、常理、常情之治,需要在路径选择上将社会情理一以贯之,并在不得已的情况下启动,以此实现刑事法治和公民私权让渡意愿的不断趋近。

Criminal law regarding the protection of human rights, highlighting the humanity and the pursuit of justice as its ultimate goals, the criminal law of"law"as the result of transferring the private rights of citizens, as well as the criminal law of "governance" as the insight into public opinion should be understood through common sense, common reason, common emotion, while the riminal law as the rule requires reason in a consistent way to realize and start in the last resort, in order to achieve the rule of law and continue the approaching demise of citizens' private rights of criminal willingness.