刑法刑事政策化之思想基础

刑法刑事政策化是指在刑事立法、司法以及刑法学研究过程中必须考量刑事政策因素之影响，并将其作为现行刑法的价值导向、评价标准和目标指引。刑法刑事政策化在世界各国刑事立法和司法领域日渐成为一种主流趋势。刑法刑事政策化思想背后有其重要的犯罪学和刑法学的理论基础。刑法刑事政策化的理论根据主要包括犯罪相对论、刑罚有限论、刑法机能主义及谦抑主义。

Ideological Basis of Turning Criminal Law into Criminal Policy

The tendency of turning criminal law into criminal policy means that the influence of the factors of criminal policy must be considered in the process of criminal legislation and criminal justice even in the criminal law study, and treated as the value orientation, evaluation criteria and guidelines target of existing criminal law. In all over the world the tendency of turning criminal law into criminal policy is now becoming a major trend in the area of criminal legislation and justice. The idea of turning criminal law into criminal policy has its profoundly theoretical background of criminology and criminal law. The theoretical basis of turning criminal law into criminal policy mainly includes the theory of relative crime, the theory of limited penalties, the theory of the function of criminal law and the modestly restraining character of criminal law.