刑法、理性与人权保障

启蒙运动开启了法律的理性纪元,从此理性作为法学中的一个常用概念,表达了人类对安全、自由、平等、幸福、人权的渴望。法治是至今人类所能发现的较为理想的治国形式,因为法治符合人类理性。刑事法治是法治的应有内容,刑法制裁手段的两面性决定了刑法理性是刑事法治的应有品质,这一品质通过刑法立法、司法环节得到贯彻。刑法调控范围面与度的适当、刑法内容的确定性和可预测性、理性司法即通过罪刑法定对司法权力进行制约,是保障人权的重要手段。

Criminal Law, Rationality and the Protection of Human Rights

The Enlightenment opens up the era of legal rationality. As a generally used concept, rationality expresses the hope for safety, liberty, equality, happiness and human rights. Rule of law has been found to be the best form of governing a country because it is in accordance with human rationality. Rule of law includes the rule of criminal law. The means of punishment of criminal law endows rationality as one of its indispensable qualities. This quality is implemented by criminal legislation and criminal justice. The adjusted scope of criminal law, the definition and anticipation of its contents, rational justice (controlling justice power by the principle of a legally prescribed punishment for a specified crime) are important contents of the protection of human rights.